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Litigation Funding in Divorce Proceedings

Claire Kretzmann
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The matter of Simon v Simon & Anor [2023] EWCA Civ 1048 concerns a Court of Appeal decision regarding the function of a litigation loan provider in divorce proceedings.

Further QOCS guidance for "Mixed Claims"

Claire Kretzmann
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The matter of Afriyie v Commissioner of Police for the City of London (Re Costs) [2023] EWHC 1974 (KB) concerned a claim for assault, battery and misfeasance in public office. The Defendant’s officers had tasered the Claimant, causing him to fall to the ground and hit his head.

Fixed recoverable costs

Daniel Packham
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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.

Interim vs Final bill - again

Lucy Hodgkins
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In Ivanishvili v Signature Litigation LLP [2023] EWHC 2189 (SCCO) Costs, Master Leonard found that the bills raised to the client were interim, not statutory bills and so all could be open to assessment.

Diag Human Se and another v Volterra Fietta

Megan Roxburgh
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This is a court of appeal decision, dismissing the appeal of a firm of solicitors who had been instructed under an unenforceable CFA.

The appellants were a firm of Solicitors, Volterra Fietta, who the respondents engaged to advise in relation to an investment treaty arbitration claim.

Jugmohan Boodia & Anor v Richard John Slade

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There is no requirement to have informed consent in the Solicitors Act or in the Solicitors Conduct Rules as a pre-condition of an interim bill.

However, permission was granted to appeal in respect of the issue of whether the Costs Judge was right to bar the consumer protection grounds on the res judicata grounds (issue estoppel, waiver and abuse of process).

UK Supreme Court decides that Receiving Parties limited to one Firm's costs and legal costs incurred or paid in a foreign currency should be converted at the time the invoices were paid

Nicholas Lee
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Micula and others v Romania [2023] UKSC 2018/0177 (23 May 2023) Paragon Costs were instructed on behalf of the Paying Party, Romania. Jamie Carpenter KC was instructed to represent Romania at the hearing. Romania, the Appellant/Cross-Respondent was...

The difficulty in passing stage one of a Wasted Costs Application

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King & Ors v Stiefel & Ors [2023] EWHC 453 (Comm) Background Mr Justice Jacobs refused to allow a wasted costs application to pass stage one of the test outlined in the CPR Practice Direction 46, Para 5.5 as the issues were too complex and the costs were...

QOCS & Mixed Claims

Nicholas Lee
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What is Changing on 6 April 2023? Old Rule CPR 44.14(1)- “…orders for costs made against a claimant may be enforced without the permission of the court but only to the extent that the aggregate amount in money terms of such orders does not...

Common Law Assessments - a way to displace the S70 timescales?

Lucy Hodgkins
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Section 70 of The Solicitors Act is clear about the timescales in which a statute invoice can be disputed by a client. Once one year has passed from the delivery of the bill the court will only make an order for assessment if there are special circumstances....

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