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04 October 2024
Issue: 8088 / Categories: Legal News , Profession , Costs
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NLJ this week: Double offering on costs—fixed costs in intermediate track & discontinued claims

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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

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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