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NLJ this week: Double offering on costs—fixed costs in intermediate track & discontinued claims

04 October 2024
Issue: 8088 / Categories: Legal News , Profession , Costs
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Costs are an essential part of litigation but can be baffling for lawyers. Help is at hand in this week’s NLJ, with no less than two articles on this hugely important topic

First up, John O’Hare, a retired costs judge, offers advice on calculating what’s recoverable in fixed costs in intermediate track cases. O’Hare looks in detail at Practice Direction 45, Table 14, through which the amount payable to the winner is dependent on five calculations.

Next, Claudine Morgan, legal director, and Mary Barrett, associate, at Charles Russell Speechlys, discuss why defendants should not presume their costs will be met when claims are discontinued. While the general rule is that the defendant should not bear the burden of costs for a claim deemed not worth pursuing, the court may decide otherwise. But when, why, and under what circumstances? The authors explain.

Morgan and Barrett conclude with some sterling advice: ‘If an application is made, the dirty laundry of pre-action correspondence will inevitably be aired and parties should be prepared for criticism on conduct. An aggressive approach or tone can look very different with hindsight.’

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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