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Costs & Funding following the Civil Justice Reforms: Questions & Answers is a unique book. Produced in conjunction with Practical Law, this practical and accessible book tackles common practitioner questions on the effects of the 2013 Jackson reforms on costs and funding. It not only states the law, as set out in the latest legislation, court rules, forms and case law, but also identifies and, where possible, tackles issues and inconsistencies. It sets out to answer questions posed on topics ranging from funding of litigation, case and costs management and proportionality to settlement offers, QOCS and summary assessment. The new edition adds a significant number of new questions and answers; updates the existing questions and answers and revised commentary in light of new and ongoing case law and legislation in the fast-evolving costs and funding landscape post-Jackson.
Each chapter starts with introductory commentary covering relevant legislation, case law and Lord Justice Jackson’s Review of Civil Litigation Costs: Final Report followed by the questions and answers, sub-divided under topics.
The new edition includes coverage of changes made by recent CPR and legislation updates, including in particular the new PD 1A in force from April 2021 making provision for how courts will give effect to the overriding objective and proportionality test regarding vulnerable parties or witnesses (Chapter 3); the new PD27B for Road Traffic Accidents in force after 31 May 2021 (Chapter 7); the new CPR r.36.5(5), in effect from April 2021, which codifies the finding in Calonne Construction Ltd v Dawnus Southern Ltd [2019] EWCA Civ 754; and the Whiplash Injury Regulations 2021 (Chapter 7).
The book covers other new important developments such as: the Civil Justice Council report on the lawfulness of compulsory ADR (Chapter 5); changes to Guideline Hourly Rates for assessment and revised version of Guide to Summary Assessment of Costs introduced from 1 October 2021 (Chapter 8); and the publication of the government's response to the 2019 consultation paper, Extending Fixed Recoverable Costs in Civil Cases: Implementing Sir Rupert Jackson's proposals. The government’s response confirms its intention to introduce fixed recoverable costs for claims up to £100,000 (Chapter 7).
Significant case law includes Zuberi v Lexlaw Ltd [2021] EWCA Civ 16 (Chapter 2 - DBAs); Jalla & Anor v Shell International Trading and Shipping Co. Ltd [2021] EWCA Civ 1559 (Chapter 4 – case management); London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and others [2021] EWHC 3103 (Ch) (Chapter 5 - defective service of Part 36 offer can be remedied under CPR 3.10); Ho v Adelekun [2021] UKSC 43 (Chapter 6 - set off of costs against costs in QOCS cases); Belsner v Cam Legal Services Ltd [2020] EWHC 2755 and SGI Legal LLP v Karatysz [2021] EWHC 1608 (QB) (Chapter 9 - informed consent from client for solicitor/client costs).
Edited by former Senior Costs Judge Peter Hurst with contributions from a top team of costs and funding experts: District Judge Simon Middleton; Roger Mallalieu Q.C., Judith Ayling Q.C., Nicola Greaney and Shaman Kapoor, this is an authoritative and unique book that any practitioner involved with costs cannot afford to be without.
