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01 March 2018 / Steven Davies
Issue: 7783 / Categories: Features , Procedure & practice , Costs
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Mine not yours?

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Steven Davies reports on a new frontier in the ‘costs war’ & the threat of increased satellite litigation

Costs-related arguments have always had a habit for creating satellite litigation and a recent flurry of cases indicates that the newest outbreak of the ‘costs war’ comes from solicitor-client costs disputes over deductions made from damages to pay their solicitor’s costs in personal injury cases.

The 2013 Jackson reforms essentially authorised the deduction of costs to a maximum of 25% of the damages recovered, which has caused an increased focus from clients on their legal bills. Three recent cases, decided in the Senior Courts Costs Office, are discussed below.

Costs bill challenge

Green & Ors v SGI Legal LLP [2017] EWHC B27 (Costs) was heard by Master Leonard. The four former clients of Liverpool firm SGI Legal had wanted copies of the documents to challenge a costs bill, and applied for disclosure of copies of funding documents, copies of all correspondence sent to them and copies

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NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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