We are happy to support this Worthwhile sponsored cycle ride raising money for Cancer Research UK.

Please visit the group’s website to donate at http://www.justgiving.com/hmetlejog2010.

Details of the event:

Our challenge is to cycle from Lands End to John O’Groats, a total distance of approximately 880 miles. We will be riding an average of 80 miles a day, over 11 days. Our chosen route is east of The Pennines. We will start our journey on 30th April and hope to arrive at our destination on 10th May 2010.

The ride is to raise money for Cancer Research UK.

The Team, listed below, consists of 12 men, 9 keen cyclists and 3 drivers for our support vehicles (without whom the ride would not be possible!). 9 of the Team are detectives (well – 1 retired!) from the West Yorkshire Police Homicide and Major Enquiry Team (or HMET for short).

The Team not only share a love of cycling, we have all in some way been touched by the terrible disease that is, Cancer. We decided that a very positive way to channel our energies, was to take on the ultimate British cycling challenge and hopefully raise lots of money along the way, to help combat this disease.

 

We are currently seeking one or more experienced Costs Draftspersons to assist with our ever 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) The Upper Tribunal may not make an order in respect of costs (or, in Scotland, expenses) except—

(a) in proceedings on appeal from another tribunal, to the extent and in the circumstances that the other tribunal had the power to make an order in respect of costs (or, in Scotland, expenses); or

(b) in proceedings other than on appeal from another tribunal or under section

4 of the Forfeiture Act 1982(10)—

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

(ii) if the Upper Tribunal considers that a party or its representative has acted

unreasonably in bringing, defending or conducting the proceedings.

(2) The Upper Tribunal may make an order for costs (or, in Scotland, expenses) on an application or on its own initiative.

(3) A person making an application for an order under paragraph (1) must—

(a) send or deliver a written application to the Upper 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 or expenses claimed with the application.

(4) An application for an order under paragraph (1) may be made at any time during the proceedings but may not be made later than 14 days after the date on which the Upper Tribunal sends the decision notice recording the decision which finally disposes of all issues in the proceedings.

(5) The Upper Tribunal may not make an order under paragraph (1) against a person (the “paying person”) without first—

(a) giving that person an opportunity to make representations; and

(b) if the paying person is an individual, considering that person’s financial means.

(6) The amount of costs to be paid under an order under paragraph (1) may be ascertained by—

(a) summary assessment by the Upper Tribunal;

(b) agreement of a specified sum by the paying person and the person entitled to receive the costs (“the receiving person”); or

(c) assessment of the whole or a specified part of the costs (or, in Scotland, expenses) incurred by the receiving person, if not agreed.

(7) Following an order for assessment under paragraph (6)(c), the paying person or the receiving person may apply—

(a) in England and Wales, to the High Court for a detailed assessment of costs in accordance with the Civil Procedure Rules 1998(1j_) on the standard basis or, if specified in the order, on the indemnity basis;

(b) in Scotland, to the Auditor of the Court of Session for the taxation of the expenses according to the fees payable in the Court of Session; or

(c) in Northern Ireland, to the High Court for the costs to be taxed.

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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