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If a party completely foregoes mediation will that party be punished in costs? The High Court judgment highlights that although the court cannot compel parties to mediate, an unreasonable refusal to do so is likely to result in costs penalties for a defaulting party. The costs risks of unreasonably refusing to mediate or not responding to a mediation proposal may be severe.
We specialise in detailed assessments where clients are disputing the charges of their former solicitors. If you instruct us we will vigorously fight your case and get a reduction of your bill, which we will consider doing for you on a no win no fee basis. We act for both clients and for the solicitors. Our London lawyers are based just minutes from the Senior Courts Costs Office and can be deployed with speed as the client’s needs and case demands.
In Iwuanyawu v Ratcliffes Solicitors, the SCCO granted an application for detailed assessment of fourteen invoices delivered by her former family solicitors, many of which were out of the twelve month time period for assessment on the basis that they did not contain sufficient information to enable the Claimant to know what she was being charged for.
Once proceedings have started, it is not correct to assume that all bets are off and it is too late to accept an offer (in all circumstances). In fact, offers that are not time-limited, not withdrawn, and not a Part 36 offer are open for acceptance during a hearing (and therefore capable of acceptance when a party is in the best possible position to know what a judge will order).
If you have received a bill or bills from your solicitors and you think that the fees are higher than they should have been then a specialist court exists to deal with such disputes with its own rules and guidance. Many law firms simply do not understand what is a niche area of legal practice. Unlike most law firms, we understand solicitor/client costs disputes.
A litigation court order for indemnity costs means the party that lost has been ordered to pay a higher costs contribution to the winner than is standard. Judges order indemnity costs to punish litigants that engage in poor litigation conduct.
A litigation court order for indemnity costs means the party that lost has been ordered to pay a higher costs contribution to the winner than is standard. Judges…
A CCMC is an important stage in the litigation process where the court will order case management directions up to trial. Seek legal advice or a second opinion to ensure the case is managed in accordance with a litigation strategy to maximise your chances of being the successful party.
In Lejonvarn v Burgess and Burgess [2020] EWCA Civ 114, the Court of Appeal have confirmed that the High Court was wrong not to punish the claimants who pursued…
The Court of Appeal in Ayton v RSM Bentley Jennison [2018] EWHC 2851 (QB), has provided authoritative dicta on whether a claim can be issued, solely to recover costs, in…