Hi, I have been reviewing previous posts and decided to put together a few "round up" posts on different topics. To get the ball rolling this one is on costs generally, a subject dear to the hearts of ...
Category Archives: Costs
Costs mediation breakdown?
The Law Society Gazette has reported that APIL has "walked out" of the mediation negotiations organised by the Civil Justice Council to try and reach agreement over the fixed fees for all fast track cases. John McQuater, President of APIL is quoted as saying ‘We are simply not prepared to play poker ...
Lord Justice Jackson costs review – personal injury costs
Link to interim report of Sir Rupert Jackson on personal injury costs
Solicitors' duties and Conditional Fee Agreements
Rosa Dickinson of St Philip's Chambers writes in this months PI Bief Update on the decision in Jones v Attrill [2008]. Challenges were made to a number of Conditional Fee Agreements on the basis that the solicitors had an interest in a particular policy because they were members ...
ATE insurance and mediation costs
Does your ATE insurance policy cover mediation as a disbursement?
Recoverability of mediation costs
When I deliver training on mediation to lawyers I am often asked "Can I recover the costs of a mediation?" Well the simple answer is yes - unless you agree otherwise! In National Westminster Bank v Feeney Master Campbell said "It is common ground that mediation costs are, in principle, recoverable as costs ...
Inquest costs in personal injury claims
High Court decision on recoverability of inquest costs in subsequent civil proceedings.
100% success fee under threat?
Picture the scene. A party has won a trial. The retainer is a CFA with a success fee of 100% following success at trial. However the losing party offered mediation earlier in the proceedings and the court has found that the winning party unreasonably refused the offer to mediate. What costs sanctions do you think ...
When can I reasonably refuse an offer to mediate?
This question is important because it is clear from cases such as Dunnett v Railtrack PLC that the courts are prepared to use their powers under the CPR to impose costs penalties to punish parties who refuse an offer of mediation. Therefore if you want to refuse an offer you need to do so with ...
When “win” means “lose” in personal injury litigation : Part I
Picture the scene. The trial has just finished. The learned judge accepted your erudite interpretation of the statutory duty and your expert assessment of the common law position. Your pre-trial assessment was flawless. So why are you not popping the champagne corks? You were sure that when your sharp opponent offered mediation pre-proceedings that it was ...
In Brief
Hi, I am Philip Hesketh, a Commercial Mediator. I help lawyers and their clients negotiate settlements and resolve disputes.
Call me on 0845 056 3625
Connect
Privacy Policy | Disclaimer | Copyright © 2008 – 2010 Hesketh Mediation Services. All rights reserved.