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PRACTICE NOTES
NOTE: On 2 December 2024, the Lord Chancellor announced that the discount rate would change to positive 0.5%. The positive 0.5% discount rate is effective from 11 January 2025. Schedule A1 to the Damages Act 1996 provides that each subsequent review must be started within the five-year period following the last review. For these purposes, a review is concluded when the Lord Chancellor makes the determination as to the rate. Which accommodation costs can be claimed? An accident may affect a disabled claimant’s accommodation needs in several ways: • adaptation of existing or future accommodation may be required • there may be additional running costs • in serious cases, the claimant’s injuries may justify rehousing in more suitable accommodation Where the claimant’s injuries do justify rehousing, the most contentious question becomes (particularly on or after 11 January 2025) how the extra capital cost of the accommodation is to be measured in the assessment of damages. The alternative approaches are set out below. Property adaptations Adaptations range from the simple (eg the installation
PRACTICE NOTES
NOTE: On 2 December 2024, the Lord Chancellor announced that the discount rate would change to positive 0.5%. The positive 0.5% discount rate is effective from 11 January 2025. Schedule A1 to the Damages Act 1996 provides that each subsequent review must be started within the five-year period following the last review. For these purposes, a review is concluded when the Lord Chancellor makes the determination as to the rate. Establishing the claimant’s care requirements The Pre-Action Protocol for Personal Injury Claims provides that the Rehabilitation Code should be considered in all personal injury claims. Accordingly, in line with the Rehabilitation Code, an immediate needs assessment funded by the insurers responding to the claim may have been commissioned. A regime—or at least some provision for case management and care—may be in place pursuant to the recommendations of an independent nurse or other rehabilitation specialist. For further guidance, see Practice Notes: • Rehabilitation Code 2015 • Rehabilitation in serious brain injury claims Evidence regarding the claimant’s future care needs will come from:
GLOSSARY
Cost of completion describes the amount reasonably required to finish contractual works or services that have been left incomplete or defective, typically in construction, engineering and development disputes. It is used by courts in England and Wales, Scotland, Northern Ireland and Ireland as a measure of damages for breach of contract, rather than being a term defined in statute.Where a contractor fails to perform, the innocent party may claim the cost of engaging a replacement contractor to complete or rectify the works, subject to principles of remoteness, causation, mitigation and reasonableness. Courts may compare cost of completion with other measures of damages, such as diminution in value, and may refuse cost of completion where it would be disproportionate to the benefit obtained or inconsistent with the parties’ commercial expectations.In practice, cost of completion is commonly established by quantity surveyor or expert evidence, and may underpin claims for interim and final account adjustments, termination losses, and surety or performance bond calls. Usage and underlying principles are broadly consistent across the UK and Ireland, though applied within each jurisdiction’s contract and remedies framework.
NEWS
Law360: As British authorities dial back their worst fears about the scale of fraud linked to coronavirus (COVID-19) relief loans, legal experts say the initial crackdown to prosecute rogue directors has faltered as the costs start to outweigh the benefits.
NEWS
A recent survey published by the Pension and Lifetime Savings Association (PLSA) illustrates that the UK's cost of living crisis is easing for some, with the percentage of savers feeling worse off dropping from 44% to 34%. Despite 41% of households making cutbacks, many are reluctant to reduce pension contributions. Findings released before the PLSA's Annual Conference reveal the difficult choices individuals face amid ongoing concerns about pension adequacy and retirement security.
PRACTICE NOTES
This Practice Note provides guidance on interest on cost orders made in favour of the receiving party. It provides information on who can be awarded interest, the date from which interest runs and the rate of interest. Consideration is given to when interest is payable, when it can be suspended, when the court can disallow interest and the interest payable where a costs order has been successfully appealed. Information is also provided on the different provisions regarding interest in High Court and County Court cases. For detailed guidance on payment and enforcement of costs orders, see Practice Note: Costs orders—payment and enforcement. For guidance on interest on costs involving foreign currency, see Practice Note: Cross-border disputes—costs considerations. Definitions The following definitions are used in this Practice Note: • interest—this is an additional award made to the winning party to effectively compensate them for either not having the use of their money throughout the course of the proceedings (it has been used to pay legal costs) or the costs of borrowing money (to pay legal costs) (Jones v Secretary
GLOSSARY
A cost plus contract (also known as cost reimbursable contract) is one where the contractor is paid the actual costs of carrying out the works plus an additional percentage or lump sum in respect of profit and overheads/preliminaries.
GLOSSARY
A form of contract in which the contractor is paid all of his allowable expenses plus profit.
GLOSSARY
The relationship between movements in volumes of say call minutes with the underlying cost of provision
PRACTICE NOTES
NOTE—to see whether notification thresholds in Costa Rica and throughout the world are met, see Where to Notify. 1. There have been recent developments regarding the Costa Rican merger control regime. What are the main points of interest and are any further updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Costa Rica? A decision is eagerly anticipated in 2025 from the competent authority regarding the request for merger analysis between LBT CT Communications and Millicom Spain S.L. (case file L0159-STT-MOT-CN-01308-2024) (not reported by LexisNexis®). This transaction has drawn significant attention, as both parties are key players in the telecommunications sector, with a presence that extends even to the international level. According to the preliminary analysis conducted by the Superintendence of Telecommunications (SUTEL), both companies hold a significant presence across various market segments, including fixed broadband internet services, subscription television, fixed-line telephony, business connectivity services as well as in the wholesale markets for international capacity and leased lines. This raises important questions about the potential impact of the merger on market
GLOSSARY
Money ordered to be paid by one party to another in respect of the costs incurred in the course of litigation, in bringing or defending a claim.
NEWS
Costs Judge Simon Brown has produced a note to assist parties in cost management hearings in the King’s Bench Division (KBD), specifically on management and costs budgeting in high value personal injury claims. The note aims to ‘provide a neutral approach to issues’ arising in the budgeting process.