LPC Law Notes Civil Litigation Notes
A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of Civil Lit notes available in the UK this year. This collection of notes is fully updated ...
The following is a more accessible plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
General P.232 |
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Interest P.231 |
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Standard Basis. P.233 |
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Indemnity Basis P.234 |
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Procedure For assessing costs P.236 |
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Must challenge (“points in dispute”) an opponent’s bill within 21 days of service of the notice (r.47.9)
If not challenged the receiving party can apply for default costs certificate (order to pay costs)
A reply of the “points in dispute” may be served to the paying party within 21 days (r.47.13)
Factors that are considered:
Is there a substantial difference (of 20% - Costs PD para 6.5A) between the pre-estimate costs and the final bill?
What is the basis of assessment – standard or indemnity (if standard, consider the TEST above)
Is the length of time it took to do the work reasonable?
Are the hourly charging rates reasonable? (Appendix A(21 P.337))
Is the status of the fee-earner suitable? Could it have been done by a trainee?
Could a cheaper, local firm have been used?
Are all items claimable? See Costs PD 47 para 5.22:
Routine emails and calls are calculated on a unit basis of 6 minutes. Cannot separately charge for incoming emails and incoming telephone calls
The court may, in its discretion, allow an actual time charge for preparation of electronic communications other than e-mails sent by solicitors
Local travelling expenses within a 10-mile radius cannot be claimed
Office related costs - postage, couriers, telephone calls, faxes – are not chargeable unless exceptionally large.
Cost of copying documents is generally not allowed unless exceptionally numerous
Agency charges should form part of the overall hourly fee and not be charged separately
Was notice given of the CFA / AEI and when was it given?
Was notice given in accordance with Pre-Action Conduct PD para 9.3?
If not, then it is not recoverable unless relief from this has been granted (r.44.3B)
If yes, then consider whether it was reasonable and proportionate in amount and to incur
To challenge the amount of an AEI premium, expert evidence could be needed
While waiting for the issue of costs to be finalised, the court may order an interim payment to the winner (r.44.3(8))
Receiving party is usually entitled to the costs of the detailed assessment hearing unless the court decides otherwise (looking at reasonableness and conduct of the party)
Appeals See P.241
Outcome 3: Identify Appropriate Assets and Advise on Appropriate Enforcement
1. Trace the opponent P.244 | Can you trace/have you located the other party?, if not:
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2. What is the Asset | Identify the asset that is owned by the paying party. Two options available (PD 71, Form N361/A))
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Buy the full version of these notes or essay plans and more in our Civil Litigation Notes.
A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of Civil Lit notes available in the UK this year. This collection of notes is fully updated ...
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