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Daniel Packham
 

Ambiguity in the retainer will be resolved in favour of the client

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The Claimant retained the Defendant in September 2017 to assist with a property dispute. The dispute initially concerned unpaid service charges by the Claimant’s landlord but expanded to include a claim for disrepair, allegations of harassment and a disagreement with a neighbour about overhanging trees.

The COP-E Bill of Costs

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From 1 November 2022 to 28 April 2023, a pilot was in place for the use of electronic bills in Court of Protection (COP) claims. The trial was a marked success, resulting in the continuation of these bills being accepted by the Senior Courts Costs Office (SCCO) moving forwards.

Recoverability of a pre-Inquest review

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In the matter of Briley & Ors v Leicester Partnership NHS Trust & Ors [2023] EWHC 1470 (SCCO), the recoverability of attending a pre-inquest review was considered.

Part 36 and genuine attempts to settle proceedings

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In Sleaford Building Services Ltd v Isoplus Pipings Systems Ltd, the Court considered the validity of a Part 36 offer made and whether the offer was a genuine attempt to settle the claim.

The variation of costs budgets

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Simpsons (Preston) Ltd & Anor v MS Amlin Underwriting Ltd [2023] EWHC 1370 (Comm) and the variation of costs budgets when the issue is self-imposed

Late acceptance of a Part 36 offer

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IEH v Powell [2023] EWHC 1037 and the late acceptance of a Part 36 offer when the Claimant is a child suffering with brain damage.

Stubbins Marketing Ltd & Ors v Rayner Essex LLP

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The dangers of unjustified allegations within a Letter of Claim

Fixed recoverable costs

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With the FRC changes, a further track has been created, known as the intermediate track. Claims valued between £25,000 - £100,000 will now usually be allocated to the Intermediate Track, provided that their complexity makes them unsuitable for the Fast Track. In the event the claim is particularly complex, the Court are able to allocate the claim to the Multi-Track, which means the FRC regime will not apply.