Kerry Underwood

FIXED COSTS: IN ON SUNDAY!  COURSE CONTENTS LIST AND BOOKING FORM HERE!

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Details of the courses are here, and can be booked here.

FIXED RECOVERABLE COSTS: CIVIL LITIGATION

PART I – INTRODUCTION

• Guideline Hourly Rates, Seniority, work done – all irrelevant

• Indemnity Principle does not apply.

• No Budgeting

• Shortened form of Detailed Assessment

• What is Covered

• Exclusions

PART II – CONTRACTING OUT

• In advance of the contract

• During Litigation

• Contracting in to Fixed Recoverable Costs

• Case Law

PART III – TRANSITIONAL ARRANGEMENTS

• Trigger dates

• Ongoing unissued cases

PART IV – TRACKS, BANDS AND STAGES

• The Four Tracks

• The Four Complexity Bands

PART V – THE INTERMEDIATE TRACK

• Allocation and Assignment

• The Fifteen Stages

• The Procedure

PART VI – THE FIGURES

• Fast Track

• Intermediate Track

• London Weighting

• Non-monetary cases

• Multiple Claims

• Interim Application and Preliminary Issues

• Counterclaims

• Escaping Fixed Costs

   – Vulnerable Litigants

   – Exceptional Circumstances

• Litigants in Person

• Inflation

PART VII – COUNSEL

• Stages 2 and 7

• Advocacy 

PART VIII – PART 36, UNREASONABLE CONDUCT, AND LONDON WEIGHTING

• The New Rule

• 35% Uplift on Part 36

• Claimants’ Offers

• Defendants’ Offers

• 50% uplift or reduction on Unreasonable Conduct

• London Weighting

• Counsel’s Fees

• Experts and Other Disbursements

• The order of applying the uplifts

PART IX – PERSONAL REPRESENTATIVES AND TRUSTEES

• Personal Representatives, Trustees and Fixed Costs       

• Estate Claims Arising from Personal Injury: Which Fixed Recoverable Costs Regime?

• Trustees, Costs for And Against, And Indemnities

• Part 36 And Trustees

• Estate And Dependency Claims and Conditional Fee Agreements

PART X – PROPERTY LITIGATION

• Exclusions

• Non-monetary Relief

PART XI – EXPERTS

• No Fixed Costs

• Wasted Costs Orders Against Experts

• Limit on Length of Reports

PART XII – FUNDING ARRANGEMENTS

• Revisiting the Retainer

• The Underwoods Method

• Contingency Fee Agreements

• Conditional Fee Agreements

• Section 74 (3) Solicitors Act 1974

• Template Letter re Section 74 (3)

FIXED RECOVERABLE COSTS: PERSONAL INJURY

PART I – INTRODUCTION

• Guideline Hourly Rates, Seniority, work done – all irrelevant

• Indemnity Principle does not apply

• No Budgeting

• Shortened form of Detailed Assessment

• What is Covered

• Exclusions

PART II – CONTRACTING OUT

• In advance of the contract

• During Litigation

• Contracting in to Fixed Recoverable Costs

• Case Law

PART III – TRANSITIONAL ARRANGEMENTS

• Trigger dates

• Ongoing unissued cases

PART IV – TRACKS, BANDS AND STAGES

• The Four Tracks

• The Four Complexity Bands

PART V – THE INTERMEDIATE TRACK

• Allocation and Assignment

• The Fifteen Stages

• The Procedure

PART VI – THE FIGURES

• Fast Track & The Portals

• Intermediate Track

• Noise Induced Hearing Loss Claims

• London Weighting

• Non-monetary cases

• Multiple Claims

• Interim Application and Preliminary Issues

• Counterclaims

• Escaping Fixed Costs

   -Vulnerable Litigants

   -Exceptional Circumstances     

• Litigants in Person

• Inflation

PART VII – COUNSEL

• Stages 2 and 7

• Advocacy

PART VIII – PART 36, UNREASONABLE CONDUCT, AND LONDON WEIGHTING

• The New Rule

• 35% Uplift on Part 36

• Claimants’ Offers

• Defendants’ Offers

• 50% uplift or reduction on Unreasonable Conduct

• London Weighting

• Counsel’s Fees

• Experts and Other Disbursements

• The order of applying the uplifts

PART IX – PERSONAL REPRESENTATIVES AND TRUSTEES    

• Personal Representatives, Trustees and Fixed Costs

• Estate Claims Arising from Personal Injury: Which Fixed Recoverable Costs Regime?

PART X – EXPERTS

• No Fixed Costs

• Wasted Costs Orders Against Experts

• Limit on Length of Reports

PART XI – QUALIFIED ONE-WAY COSTS SHIFTING

PART XII – FUNDING ARRANGEMENTS

• Revisiting the Retainer

• The Underwoods Method

Written by kerryunderwood

September 28, 2023 at 4:03 pm

Posted in Uncategorized

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