GoodwinMalatesta - Fellow Members of The Association of Law Costs Draftsmen practising in compliance with the Byelaws & Code of Conduct of the ALCD.

   

 

General News

Yao Essaie Motto & Others v Trafigura Limited (1) and Trafigura Beheer BV (2) - October 2011
On 12 October 2011 the Court of Appeal handed down judgment on the appeals of nine preliminary issues from the Senior Cost Judge’s original determinations in the above inter partes detailed assessment.  What follows is a summary of the Court of Appeal’s decisions:   Proportionality - A cou.. read more

 
Payments on account just got interesting! - July 2011
Senior Costs Judge, Chief Master Hurst has decided in Motto & Others v Trafigura [2011] EWHC 90206 that interest on pre assessed costs should not be awarded to the receiving party in cases funded by Conditional Fee Agreements where clients are only charged what is recovered from the paying party (known as CFA Lites).  This decision begs the question; should payments on account of costs be.. read more

 
Costs Management is coming... - November 2010
Introduction Key among the recommendations of Lord Justice Jackson’s costs review is costs management, which looks likely to transform case management on the multi-track.  Rules will eventually be established with the aim of controlling costs throughout the life of a case as opposed to detailed assessment.. read more

 
Kevin Thurley joins Goodwin Malatesta Legal Costs Services - July 2010
The partners are very pleased to announce that Kevin Thurley has joined the firm as a Senior Costs Lawyer.    Kevin was previously a director at one of the largest legal costs practices in the Country where his costing expertise was used in a wide range of cases, including clinical negligence, co.. read more

 
Lord Jackson's Review of Civil Litigation Costs (Part 4) - Clinical Negligence - March 2010
Background   Serious concerns exist regarding the level of costs in clinical negligence actions.  A number of factors have contributed to this including the recovery of success fees (commonly claimed at 100%); the amount of ATE insurance premium allowed on assessment and the level of costs incurred pre-proceedings.  Lord Jackson has examined these issues at length.read more

 
Lord Jackson's Review of Civil Litigation Costs (Part 5) - Defamation - March 2010
In his report Lord Jackson reviewed legal costs in specific types of litigation, including defamation proceedings. There were numerous recommendations and a consultation process, in which Goodwin Malatesta Legal Costs Services were respondents, that have led to proposals for interim measures being laid before Parliament.read more

 
Lord Jackson's Review of Civil Litigation Costs (Part 3) - Proportionality - February 2010
In April 1999 the Civil Procedure Rules (CPR) introduced the principle that costs payable by an opponent on the standard basis should be proportionate. But what is “proportionate” and what causes costs to become disproportionate?   Background The principle of proportionality is ensh.. read more

 
Lord Jackson’s Review of Civil Litigation Costs (Part 2) – Recoverability - February 2010
Lord Jackson gave a great deal of thought to the contentious issue of success fees and ATE insurance premium recovery.  This briefing note considers the recommendations.   Background Since 5 July 1995 solicitors have been able to enter into “no win no fee” arrangements in civil.. read more

 
Lord Jackson's Review of Civil Litigation Costs - January 2010
Lord Jackson's final report was published on 14 January 2010.  The report sets out a number of recommendations that if implemented will greatly change how costs are paid and recovered from opponents in civil litigation.  The key recommendations include: - The end of recoverable additional liabilities (success fees and ATE insurance premiums)read more

 
The Increasing Demand for Costs Budgeting - November 2009
The cost of civil litigation is continually being debated and new rules or practice directions are being introduced.  Lord Jackson’s 600+ page Civil Litigation Costs Review bears testament to the need to control the cost of litigation.   Much of the debate has centred around costs in defamation actio.. read more

 
Goodwin Malatesta move offices - September 2009
Due to the continued success and expansion of our practice we have now relocated to larger offices in Epping.  Our new address is as follows: 134-136 High Street Epping Essex CM16 4AG DX: 40404 EPPING Tel: 01992 574846 Fax: 01992 574837.. read more

 
Success fees when liability is admitted - February 2009
C v W [2008] EWCA Civ 1459 The Court of Appeal has provided some helpful guidance for the assessment of success fees when CFAs are entered after liability has been admitted. In this case the Claimant entered into a CFA after liability had been admitted and the CFA included a provision for no fees in the event that a Part 36 offer was not beaten.  The CFA provided for a succes.. read more

 
Guideline rates for 2009 - January 2009
The Supreme Court Costs Office has published the following new guideline hourly rates for summary assessment in 2009: BAND ONE - A £213  B £189  C £158  D £116 BAND TWO/THREE - A £198  B £174  C £144  D £109 CITY OF LONDON (EC1,2,3 & 4) - A £402  B £291  C £222  D £136 CENTRAL LONDON (W1, WC1&2, SW1) - A £312  B £238  C £.. read more

 
Recovery of success fees under the fixed costs regime - May 2008
Kilby v Gawith [2008] EWCA Civ 812 (19 May 2008) The Court of Appeal has held that there is no discretion to disallow a success fee where a CFA has been entered in a case covered by the fixed recoverable costs regime of CPR 45.11(2).   Please use the link attached to the above case citation to see this judgment... read more

 
Mark Kirby joins Goodwin Malatesta - May 2008
The partners are very pleased to announce that Mark Kirby has joined the firm as a senior law costs draftsman.  Mark has many years experience dealing with a wide range of legal costs issues, particularly advising local authorities when opposing claims for costs.  The addition of Mark to the team allows the partners to further extend the services available to their expanding number of cl.. read more

 
Disclosure of documents on detailed assessment - April 2008
Gower Chemicals Group Litigation v (1) Gower Chemicals Ltd (2) Neath Port Talbot County Borough Council [2008] EWHC 735 (QB) QBD The court is justified to order that a receiving party should elect either to disclose expert reports, the costs of which they are seeking to recover from a paying party or rely on other evidence if there are relevant and important issues at stake regarding the reports... read more

 
Are you bound by a costs estimates to a client? - March 2008
Tracy Reynolds v Stone Rowe Brewer (A Firm) [2008] EWHC 497 (QB) QBD A Costs Judge is entitled to consider a solicitor to be bound by an estimate of costs given to a client, even if a revised estimate of costs is sent at a later date but no explanation is provided to justify the revised estimate.  Please use the link attached to the above case citation to see the Judgment in this c.. read more

 
Gloucestershire County Council v Evans & Others [2008] EWCA Civ 21 CA - January 2008
Gloucestershire County Council v Evans & Others [2008] EWCA Civ 21 CA A success fee added to hourly rates that would have been payable by a client had a CFA not existed is enforceable.  The success fee does not need to be calculated on the costs at risk but on what would have been payable if the CFA had not existed.  This judgment may have a considerable impact on the way Defen.. read more

 
Guideline Hourly Rates for 2008 - January 2008
The Supreme Court Costs Office has published the following new guideline hourly rates for summary assessment in 2008: BAND ONE - A £203  B £180  C £151  D £110 BAND TWO - A £191  B £168  C £139  D £105 BAND THREE - A £174  B £156  C £133 D £99 CITY OF LONDON (EC1,2,3 & 4) - A £396  B £285  C £219  D £134 CENTRAL LONDON (W1, WC1&a.. read more

 
Success fees are recoverable on Costs Consultant work - December 2007
Crane v Canons Leisure Centre [2007] EWCA Civ 1352 The Court of Appeal has decided that under the terms of a CCFA (and by analogy a CFA) a Claimant is entitled to recover a success fee for the work done by costs consultants acting in the recovery of costs.  For further details of this case please use the link attached to the above case citation... read more

 
Mastercigars Direct Ltd v Withers LLP (Part 2 - The Appeal) - November 2007
Mastercigars Direct Ltd v Withers LLP [2007] EWHC 2733 (Ch) (23 November 2007) An Appeal of an earlier decision in the Supreme Court Costs Office in this case has been allowed.  It has been decided on appeal that a solicitors’ costs estimate was relevant on a detailed assessment of costs as a useful yardstick, by which the reasonableness of costs could be measured, and on the issue of .. read more

 
Partners are now Costs Lawyers - October 2007
We are pleased to announce that Malcolm Goodwin and Domenico Malatesta have been granted the rights of audience and to conduct costs litigation as Costs Lawyers.  These new rights allow both partners to accept service of costs proceedings and to be entered on the court record in respect of any disputes concerning legal costs.  Also under these new rights the partners are e.. read more

 
Lee Allen v East Midlands Strategic Health Authority, SCCO 18 September 2007 - September 2007
This case has shown that contrary to popular opinion a CFA entered after the revocation of the CFA Regulations can be unenforceable.  A CFA was entered before an LSC Funding Certificate had been discharged.  Regulation 64 of the Civil Legal Aid (General) Regulations 1989 prevents the assisted person, solicitor or Counsel from entering into an alternative funding arrangement during t.. read more

 
Costs Estimates Beware - June 2007
The recent decision of the SCCO in the matter of Masters Cigars Direct Ltd v Withers highlights the vital importance of complying with the Law Society’s Client Care Code. Withers had provided an estimate on the basis of a four day trial. In the event the trial lasted 18 days! The SCCO ruled that Withers be bound by the original costs estimate for failure to warn its client that the costs were in.. read more

 
Douglas Tribe v Southdown Gliding Club and Others, SCCO 4 June 2007 - June 2007
Douglas Tribe v Southdown Gliding Club and Others, SCCO 4 June 2007 If a receiving party fails to adequately explain the difference between the costs estimated and the final cost claimed the costs claimed may be reduced to take into account any reasonable reliance the paying party may have placed on that estimate.  For more details please use the link attached to the case citation to read th.. read more

 
Gaynor v Central West London Buses Ltd [2006] EWCA Civ 1120 - November 2006
Gaynor v Central West London Buses Ltd [2006] EWCA Civ 1120 The above appeal considered the meaning of a Conditional Fee Agreement (CFA) and what services were covered by such an agreement.  The facts of this case were that the claimant was injured while travelling on one of the defendant’s buses.  She instructed solicitors who sent her a retainer letter dated 20 November 2002. This ret.. read more

 
The Carter Report - October 2006
The Carter Report was the result of a year's detailed analysis and extensive consultations concerning the extent of the current regional supplier market for public funded services.  The report proposed a new procurement system of fixed fees with the aim of saving money on public funding in the future.  However, Lord Chancellor Falconer has now admitted that the introduction to fix fees m.. read more

 
Garrett v Halton Borough Council and Myatt v National Coal Board [2006] EWCA Civ 1017 - August 2006
Garrett v Halton Borough Council and Myatt v National Coal Board [2006] EWCA Civ 1017 When Hollins v Russell [2003] was decided it was expected that it would end the arguments between Claimants and Defendants concerning breaches of the Conditional Fee Agreement Regulations 2000 and whether they rendered CFAs unenforceable.  To a large extent this did happen, however the decisions made in Gar.. read more

 
Success Fees on Detailed Assessment - August 2006
The House of Lords may hear a third instalment of the Naomi Campbell litigation after their Lordships were asked to make a ruling that success fees should not apply to costs of detailed assessment, or at the very least, be substantially reduced. In the latest challenge on conditional fee agreements made by media companies, Mirror Group Newspapers (MGN) has petitioned the House of Lords for leave .. read more

 
After-The-Event Insurance - Part 2 - August 2006
In July 2006 we produced an article concerning After-The-Event (ATE) insurance premiums.  In that article we referred to the awaited costs appeal in Rogers v Merthyr Tydfil County Borough Council from which it was hoped guidance would be provided as to the assessment of stepped ATE premiums.  The appeal has now been heard and a copy of the judgment can be found at www.bailii.org.  I.. read more

 
Sara Cox and Jon Carter v MGN Ltd and others - July 2006
Cox & Anor v MGN Ltd & Ors [2006] EWHC 1235 (QB) (26 May 2006) The running battle over costs between London firm Schillings and Mirror Group Newspapers (MGN) moved a stage further when guidance in the assessment of costs in defamation cases was given in this costs appeal. The facts of this case were that the Claimants had sued the Defendant for damages and other relief arising from the p.. read more

 
After the Event Insurance - July 2006
The recovery of ATE premiums cause many difficulties for costs draftsmen and lawyers advising their clients.  Difficulties are also encountered by  judges in assessing premiums as there is little guidance in the CPR regarding the recoverability of premiums. Paragraph 11.10 of the Costs Practice Direction is the only section of the CPR that deals with ATE premiums.  This section pro.. read more

 
Medical Agency Fees - Woollard v Fowler [2005] EWCH 90051 (Costs) - June 2006
Woollard v Fowler [2005] EWCH 90051 (Costs) A decision by Senior Costs Judge Hurst now allows the recovery of medical agency fees as a disbursement in cases covered by the predictive costs regime. In December 2005 Master Seager-Berry decided in Woollard v Fowler to disallow certain fees charged by Mobile Doctors Limited for obtaining medical reports and medical records in a claim under the fixed.. read more

 
NHS Redress Bill - May 2006
Examination of the planned NHS Redress Scheme has created a varied response with claimant solicitors raising concerns regarding access to justice and defendant lawyers concerned that the number of complaints will increase. The NHS Redress Bill was launched last November and in the 27 April 2006 edition of the Law Society Gazette the health minister, Jane Kennedy said the scheme would ensure “mon.. read more

 
The new Master of the Rolls - April 2006
In an exclusive interview that appeared in the Law Gazette dated 21st April 2006, the new Master of The Rolls, Sir Anthony Clarke, speaks his opinions of the soaring litigation costs and the legal aid budget. Sir Anthony has had a high-flying judicial career since being appointed to the High Court Bench in 1993. He says "the most important issue that the civil justice system needs to worry about .. read more

 
Costs Estimates - April 2006
In an article that appeared in the 13 April 2006 edition of the Law Gazette, a leading costs expert warned that a clampdown on the accuracy of costs estimates is being driven from the senior judiciary downwards. Mark Harvey, a partner at Huge James in Cardiff, spoke at the Association of Personal Injury Lawyers' annual conference. He said costs claims that are over one-fifth of a firms orig.. read more

 
Repayment of Legal Aid - March 2006
The Legal Services Commission (LSC), which controls the £2 billion a year legal aid scheme, is now demanding hundreds of thousands of pounds from solicitors that relate to legal aid allegedly paid to them to fund cases that were never reimbursed when the cases were won.  The action taken by the LSC has angered both solicitors and the Law Society of England and Wales and at least one firm is.. read more

 
Predictable Costs Regime - March 2006
An article appearing in the Law Gazette dated 9th March 2006 regarding the predictable costs regime is summarised as follows: Progress has been made to extend the predictable costs regime for small road traffic cases to similar employers’ and public liability cases following a high-level gathering of industry experts, including the Civil Justice Council (CJC), Court of Appeal judges, top solicito.. read more

 

     
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Date:25 September 2017     Time:21:19:58