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A cautionary tale

18 October 2007 / Amanda Ashton
Issue: 7293 / Categories: Features
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Defendant costs agents are coming up with ever more inventive challenges to fixed fees, says Amanda Ashton

The introduction of fixed costs for road traffic accidents (RTAs), the revocation of the Conditional Fee Agreement Regulations 2000 (SI 2000/692) and the mediated settlement in Wollard v Fowler [2005] EWHC 90051 (costs), concerning medical agency fees, set the scene for a reduction in prevalence of costs litigation, which has been an unfortunate feature of recent times. Or so it was hoped.

Hostilities continue, however, with the latest challenges to the application of fixed fees under CPR 44.11 centred around a small group of cases in the lower courts, Wetzel v KBC Fidea [2007] EWHC 90079 (costs), Patel v Admiral Insurance (substituted) (4 April 2007 Liverpool CC, DJ Hawthorne) and Kilby v Gawith) (4 April 2007 Birkenhead CC, DJ Peake). These cases include claims for success fees in a road traffic case where the claimants had entered into conditional fee agreements (CFAs) where there was potentially before the event (BTE) insurance cover available.

REALITY CHECK

At first glance

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MOVERS & SHAKERS

Quillon Law—Neil Dooley

Quillon Law—Neil Dooley

Disputes firm expands fraud and investigations practice with partner hire

Charles Russell Speechlys—Vadim Romanoff

Charles Russell Speechlys—Vadim Romanoff

Firm strengthens corporate tax and incentives team with partner hire

Burges Salmon—Gary Delderfield & Alec Bennett

Burges Salmon—Gary Delderfield & Alec Bennett

Partner and senior associate join pensions team

NEWS
In this week's NLJ, Sophie Houghton of LexisPSL distils the key lesson from recent costs cases: if you want to exceed guideline hourly rates (GHR), you must prove why
With chronic underfunding and rising demand leaving thousands without legal help, technology could transform access to justice—if handled wisely, writes Professor Sue Prince of the University of Exeter in this week's NLJ
NLJ columnist Stephen Gold dives into the quirks of civil practice, from the Court of Appeal’s fierce defence of form N510 to fresh reminders about compliance and interest claims, in this week's Civil Way
Mazur v Charles Russell Speechlys [2025] EWHC 2341 (KB) has restated a fundamental truth, writes John Gould, chair of Russell-Cooke, in this week's NLJ: only authorised persons can conduct litigation. The decision sparked alarm, but Gould stresses it merely confirms the Legal Services Act 2007
The government’s decision to make the Financial Conduct Authority (FCA) the Single Professional Services Supervisor marks a watershed in the UK’s fight against money laundering, says Rebecca Hughes of Corker Binning in this week's NLJ. The FCA will now oversee 60,000 firms across legal and accountancy sectors—a massive expansion of remit that raises questions over resources and readiness 
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