Costs budgeting and costs management

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Latest PI & Clinical Negligence News

Mastercard v Merricks—an important year for collective proceedings and representative actions

The following Competition news provides comprehensive and up to date legal information on Mastercard v Merricks—an important year for collective proceedings and representative actions

The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

The following Construction news provides comprehensive and up to date legal information on The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

Court of Appeal—jurisdiction in patent license disputes (Vestel Elektronik Sanayi Ve Ticaret A.S. & another v Access Advance LLC & another)

The following Dispute Resolution news provides comprehensive and up to date legal information on Court of Appeal—jurisdiction in patent license disputes (Vestel Elektronik Sanayi Ve Ticaret A.S. & another v Access Advance LLC & another)

PI & Clinical Negligence weekly highlights—8 April 2021

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—8 April 2021

Featured PI & Clinical Negligence content

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...

Psychiatric injury—secondary victims

What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

9th Nov

Practice notes

Was the damage foreseeable?

The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...

9th Nov

Practice notes

Catastrophic injury claims—heads of claim

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...

9th Nov

Practice notes

Low Velocity Impact RTAs—in detail

IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Fraud, exaggeration and LVIs in personal injury claims

DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...

Produced in partnership with Andrew Wilson 12th Jan

Precedents

Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988

Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Claims under the Consumer Protection Act 1987

Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...

9th Nov

Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...

9th Nov

Practice notes

Misfeasance in public office

The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...

9th Nov

Practice notes

Loss of congenial employment

Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...

9th Nov

Practice notes

Applying for an interim payment order in personal injury claims

Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Drafting counter schedules of loss in PI and clinical negligence claims

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...

Produced in partnership with Louise Thomson 12th Jan

Practice notes

Fixed costs in road traffic accident claims

Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...

9th Nov

Practice notes

The court’s power to extend the time limit—section 33 of the Limitation Act 1980

The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...

9th Nov

Practice notes

Claims for lost years

The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...

9th Nov

Most recent Costs budgeting and costs management content

Precedents

Pre case management conference order—Leeds courts

CLAIM NO:[IN THE LEEDS COUNTY COURT][IN THE HIGH COURT OF JUSTICE][INSERT] DIVISIONLEEDS DISTRICT...

9th Apr

Precedents

Precedent T—particulars for variation of a costs budget

Precedent T is a costs precedent that came into use on 1 October 2020. It is to be used when seeking agreement from other parties to proposed revisi...

9th Apr

Precedents

Chancery Division—standard directions for a case management conference

There be a Case and Costs Management Conference before the Master in Hearing Room [insert number] First Floor, The Rolls Building, 7 Rolls Building,...

9th Apr

Precedents

Technology and construction court—case management directions form (appendix B)

Action no HT-[action number] [Insert name of judge in title of order]1Trial date: [Insert trial date]. For the purposes of payment of the trial fee,...

9th Apr

Precedents

Precedent H—costs budget

Precedent H is a court form and a costs budget must be in the form of Precedent H annexed to CPR PD 3E unless the court orders otherwise. This...

9th Apr

Practice notes

Costs budgets—multi-party and multi-claim proceedings

Bespoke system of costs managementThe standard costs management scheme does not lend itself well to multi-party/multi-claim litigation either within...

8th Apr

Practice notes

Costs precedents

This Practice Note provides a list of costs precedents with links through to the precedents in PDF or Word format. It covers costs budgets (precedent...

8th Apr

Practice notes

Costs budgets—revision and variation (up to 30 September 2020) [Archived]

This Practice Note has been archived and is not maintained. For the current position, see Practice Note: Costs budgets—revision and variation.This...

8th Apr

Practice notes

Costs budgeting—Jackson Reforms [Archived]

ARCHIVED: This Practice Note is archived and for historical purposes only.CPR provisionsAs part of the Jackson Reforms the courts are required to...

8th Apr

Practice notes

Costs budget discussion reports (BD reports)

On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting came into force through the Civil Procedure...

8th Apr

Practice notes

Costs budgeting—completing Precedent T (particulars for varying a costs budget)

This Practice Note provides assistance in completing costs precedent: Precedent T. This is the court form that parties have been required to use since...

8th Apr

Practice notes

Costs management orders—1 October 2020 changes to practice direction 3E

This Practice Note sets out the paragraphs in the old practice direction 3E dealing with costs management orders and identifies the new or existing...

8th Apr

Practice notes

Costs estimates [Archived]

ARCHIVED: This Practice Note is based on provisions revoked on 1 April 2013. It is archive and therefore for historical purposes only.This Practice...

8th Apr

Practice notes

Costs budgeting—pilot scheme [Archived]

ARCHIVED: This Practice Note was archived as at 1 December 2013 and is for historical purposes only. It is useful for those wishing to understanding...

8th Apr

Practice notes

Jackson reforms on costs budgeting—one year on [Archived]

ARCHIVED: This Practice Note is for historical purposes only.The 1 April 2013 saw the introduction of a new approach to the costs management of...

8th Apr

Practice notes

Own client costs information [Archived]

ARCHIVED: This Practice Note is based on provisions revoked on 1 April 2013. It is archived and therefore for historical purposes only.Codes of...

8th Apr

Practice notes

Costs budgets—keeping them under review

On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting came into force through the Civil Procedure...

8th Apr

Practice notes

Costs budgeting—after a costs budget is approved

On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting came into force through the Civil Procedure...

8th Apr

Practice notes

Costs budgeting—completing Precedent R (costs budget discussion report)

On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting came into force through the Civil Procedure...

8th Apr

Practice notes

Litigant in person costs—costs management and budgeting

Cost managementThe overriding objective makes it clear that the court, so far as is practicable, ensures 'that the parties are on an equal footing'...

8th Apr