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04 October 2024
Issue: 8088 / Categories: Legal News , Profession , Costs
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NLJ this week: Double offering on costs—fixed costs in intermediate track & discontinued claims

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Costs are an essential part of litigation but can be baffling for lawyers. Help is at hand in this week’s NLJ, with no less than two articles on this hugely important topic

First up, John O’Hare, a retired costs judge, offers advice on calculating what’s recoverable in fixed costs in intermediate track cases. O’Hare looks in detail at Practice Direction 45, Table 14, through which the amount payable to the winner is dependent on five calculations.

Next, Claudine Morgan, legal director, and Mary Barrett, associate, at Charles Russell Speechlys, discuss why defendants should not presume their costs will be met when claims are discontinued. While the general rule is that the defendant should not bear the burden of costs for a claim deemed not worth pursuing, the court may decide otherwise. But when, why, and under what circumstances? The authors explain.

Morgan and Barrett conclude with some sterling advice: ‘If an application is made, the dirty laundry of pre-action correspondence will inevitably be aired and parties should be prepared for criticism on conduct. An aggressive approach or tone can look very different with hindsight.’

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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