Newsletter December 2022
In this issue of our newsletter:
Changes to the Civil Procedure Rules: What to look out for in 2023?
The Civil Procedure Rules (“CPR”) and the Practice Directions to them (“PD”) were implemented on 26th April 1998. They replaced the Rules of the Supreme Court and their purpose according to Lord Woolf, the then Master of the Rolls was:-
• To reduce the costs of litigation
• Simplify the procedure rules and modernise technology
• Remove unnecessary complexities in the litigation process
When is contentious business non-contentious business?
Nick McDonnell is a Director and the Kain Knight Costs Lawyer on record for the Appellant, Cam Legal Services Ltd.
Kain Knight Costs Lawyers are acting for the Appellants in the Court of Appeal case of Cam Legal
Services Ltd v Belsner, a case being labelled by many as the ‘costs case of the decade’ as it may have
profound ramifications to those solicitors who charge fees to their clients where those fees are greater
than the costs recovered between party and party.
The case was heard over three days on 4, 5 and 6 October 2022 before the Master of the Rolls (the Rt.
Hon. Sir Geoffrey Vos), the Chancellor of the High Court (Lord Justice Flaux) and Lord Justice Nugee.
The rise in Litigation Insurance
Whether you’re a law firm, litigation funder or insolvency practitioner, you seek dispute resolution insurances that can give confidence to pursue the claim. Gallagher UK Dispute Resolution and Litigation Team are top ranked in Chambers and Partners 2022 for Litigation Support: Litigation Insurance broking. As well as some of the more commonly known litigation insurance solutions such as ATE (After The Event) which protects against adverse costs exposure, there are a number of other sophisticated contingent risk insurances which Gallagher can help with such as Judgment Preservation Insurance and law firm WIP protection.
Shortfall, Signifi cant Impact
Solicitors running cases on budgets have for some time been told not to ignore an overspend during a case. They cannot now simply seek to rely on good reason in any subsequent detailed assessment proceedings. The CPR wording on applications to amend budgets has long since been amended from “should” to “must”. The case of ST -v- ZY [2022] EWHC B5 (costs), arguably takes this point a step further in an expectedly broad way.
