February 2015 Archive

Failure to file a revised costs budget

The recent High Court decision in Simpson v MGN Limited and another [2015] EWHC 126 (QB), has highlighted that a failure to submit a revised costs budget to cover the costs of a trial of a preliminary issue and a failure to serve a costs statement upon the opponent will not necessary mean that costs are assessed at nil.

Fracking moves a step further to getting the green light

As widely anticipated, January’s debate on the Infrastructure Bill confirmed the government’s intention to press ahead with fracking as the only viable way to secure the UK’s energy supplies. In spite of widespread, external opposition, the Bill will legislate for fracking to proceed, including the removal of landowner consent to lateral drilling beneath their land. A proposal for a moratorium on fracking was overwhelmingly defeated but the opposition did succeed in introducing thirteen tests which have to be met before fracking can go ahead. In addition, the government agreed to introduce a complete ban on fracking in AONBs, National Parks and SSSIs.

Solicitors’ costs assessed at nil for failure to advise on alternative forms of funding

The recent High Court decision in McDaniel & Co (a Firm) -v- Clarke [2014] EWHC 3826 (QB) has highlighted the need for a solicitor to advise a client on all types of funding that may be available to them to progress a claim. The consequences of not providing full advice to a client are that solicitors’ costs may be assessed at nil.

New costs budgeting regime may speed up the process of recovering costs

The normal rule in litigation is that the loser pays the winner’s legal costs. The successful party will most likely have paid legal costs throughout the proceedings and will want to recover as much of these as quickly as possible. The process of recovering costs can be a separate piece of litigation itself, however, a recent Court decision has highlighted that the new costs budgeting regime may speed up the process of recovering costs at the conclusion of a matter and reduce the need to engage in further proceedings.
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