GIBBINS

We are currently seeking one or more experienced Costs Draftspersons to assist with our every increasing workload.  Ideally, you will already being be working on your own account or looking for an easier way to set up as a Freelancer with a guaranteed workload and regular monthly payments.

If you are interested, please contact Dave Ellam: 01977 781657 – de [at] gibbins [dot] net

We are delighted to be able to offer Excel templates for purchase for our most commonly used costs forms:

• CLS CLAIM1 form – including multiple pages 4, 5, 6 and automatic calculations, etc – £50.00 + VAT
• CLS CLAIM1A form – including multiple pages 5, 6, 7 and automatic calculations, etc- £50.00 + VAT
• CLS CLAIM2 form – including multiple pages 4 and automatic calculations, etc- £50.00 + VAT
• High Costs Case Plan – including multiple stages  and automatic calculations, etc- £25.00 + VAT

AVAILABLE FROM OUR DOWNLOADS PAGE

We have revised our charging structure as of 2 April 2009 – please see our new page outlining the structure HERE

The following is a letter received from Master Andrew Gordon-Saker, Costs Judge, SCCO:

The Senior Costs Judge is away on official business and he has asked me to respond to your letter dated 21^st February.

I do know that Master Hurst has raised section 5 of the Costs Practice Direction with HMRC and is presently awaiting their response.

Obviously I can only offer my personal view on the question that you raise. As you rightly point out, a solicitor’s liability to account for VAT will ultimately be a matter for HMRC or a VAT tribunal; and whether a party can recover VAT on the fee for a medical report on detailed assessment in any particular case will be a matter for the court hearing that assessment.

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Orders for costs

10.—(1) Subject to paragraph (2), the Tribunal may make an order in respect of costs only—

(a) under section 29(4) of the 2007 Act (wasted costs); or

(b) if the Tribunal considers that a party or its representative has acted unreasonably in bringing, defending or conducting the proceedings.

(2) The Tribunal may not make an order under paragraph (1)(b) in mental health cases.

(3) The Tribunal may make an order in respect of costs on an application or on its own initiative.

(4) A person making an application for an order under this rule must—

(a) send or deliver a written application to the Tribunal and to the person against whom it is proposed that the order be made; and

(b) send or deliver a schedule of the costs claimed with the application.

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THE UNIFIED CONTRACT AND THE COMMUNITY LEGAL SERVICE (FUNDING) ORDER 2007 – CHANGES RELATING TO CERTIFICATES ISSUED ON OR AFTER 1 OCTOBER 2007

1. The cost of preparing a CLAIM1 for proceedings in the Family Proceedings Court now recoverable. Note that previously the cost of preparing the CLAIM1 was excluded for cases in the Family Proceedings Court. (See now Paragraph 15.10 of the Costs Assessment Guidance (CAG) in Volume II of the Legal Services Commission Manual (Civil Contracting).

2. Enhancements can now be claimed for private law family work in the Family Proceedings Court. Previously there was no provision to claim enhancements. Note that this is applicable to certificates issued from 2 April 2007. (See Paragraph 12.14 of the CAG.

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New Guideline Hourly Rates for 2009

The rates for London 3, Bands A and B are represented as ranges following the format of the Guide to The Summary Assessment of Costs. These ranges go some way towards reflecting the wide range of work types transacted in these areas.

Band A – Solicitors, over 8 years qualified experience.

Band B – Solicitors or Legal Executives, over 4 years qualified experience.

Band C – Other qualified Solicitors or Legal Executives.

Band D – Trainee Solicitors, Paralegals and equivalent.

Details of the regions, London 1, 2, 3; National 1, 2, 3 may be found in the Guide to the Summary Assessment of Costs. In this Guide, GHRs for London 3, Band A and Band B are presented as ranges which are shown in parentheses.