Total Legal Solutions

This Q&A considers discounted conditional fee agreements (DCFAs) and how the discount can be structured before the event insurance (BTE insurance), and the use of DCFAs in BTE-backed litigation.

This Q&A considers whether a solicitor can recover outstanding fees from a client in circumstances in which a written retainer was not provided to the client but where the fees to be charged had been orally agreed and a break down of the fees had been provided with each invoice.

This Q&A considers three different scenarios in which a solicitor may seek to recover outstanding fees owed by a client. They are: a firm of solicitors represents itself, a firm of solicitors instructs an individual solicitor or a sole practitioner conducts the litigation as an individual.

This Q&A considers the issues which can arise when recovering the costs of a professional who has given evidence within civil litigation.

This Q&A provides an overview of the formal requirements which must be met in order for a conditional fee agreement (CFA) to be enforceable.

This Q&A considers what documents need to be filed for a multi-track costs case management conference.

This Q&A provides a brief overview of the law in relation to non-party costs orders (NPCOs) against solicitors.

This Q&A considers the amount of costs a party to litigation can claim where they have a public funding certificate.

This Q&A considers the recoverability of ATE insurance premiums generally.

This Q&A considers whether an individual who is not authorised to conduct litigation and completes a certain task is in breach of the Legal Services Act 2007. It also considers whether legal professional privilege applies between a litigant in person and the unauthorised individual and if any costs incurred by them can be recovered by the litigant in person.

This Q&A considers the position where parties have complied with the provisional allocation of a claim to multi-track, but the claim settles prior to formal allocation. It also considers whether the provisions in CPRPD 47 apply such that on detailed assessment, an electronic bill of costs will need to be served for costs incurred post-4 April 2018.

This Q&A considers whether the cap of 25% of damages for solicitor’s fees includes any after-the-event (ATE) premium payable.

This Q&A considers whether a single contract of retainer which provides for a DBA in respect of some work and some other funding method in respect of other aspects of work is likely to be enforceable.

This Q&A focuses on the issues which arise in costs management where one party is unrepresented.

This Q&A considers the drafting of the costs provisions of a consent order.

This Q&A considers a claimant litigant in person where liability has been admitted subject to costs being determined and considers, if the LIP then instructs solicitors to deal with the costs element, whether the defendant would have to pay the claimant’s solicitor's costs for dealing with the costs issues.

This Q&A considers whether a costs budget is required in a multi-track case which is wrongly listed for a hearing during the period of a stay and before a defence is filed.

This Q&A considers whether a party is to be regarded as a litigant in person where they are receiving counsel’s opinion but they are not legally represented in the matter. Also considered is whether the costs incurred in relation to the counsel’s opinions are recoverable by that party if successful in the litigation.

This Q&A considers the approach that practitioners should take when determining how to deal with the costs of applications that have already been heard prior to completing the costs budget and for which summary assessment has been undertaken.

This Q&A considers striking out a claim for failure to pay the listing fee both with regard to the possibility of seeking relief from sanctions and the liability for costs