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The majority of those working in costs have never been busier.
We are still benefiting from the historical increases in personal injury claims, with settlements now flowing into new costs work.
The transitional provisions relating to the introduction of the Jackson reforms have meant those areas of costs work that will reduce or disappear (eg fast-track personal injury claims) have yet to bite or are only just beginning to be felt (eg reduced numbers of detailed assessment hearings in light of provisional assessment).
For those undertaking costs budgeting there is an increase in the front-loading of work for claims that are still ongoing, with the potential reduction in work (no need for bills, detailed assessment, etc) at the end of the process yet to happen.
Although a period of satellite litigation was to be expected by the new rules, the unexpected boost in work has come about as part of the Mitchell approach.
My diary is rapidly filing up with hearings to deal with applications concerning:
1. Applications to strike out Points of Dispute due to a failure to serve an open offer. (These misconceived applications are dropping off.)
2. Applications for relief from sanctions for failing to provide proper notification of funding during the life of the claim.
3. Applications for relief from sanctions for failing to serve with the bill the correct documents in support of additional liabilities. (How many years do lawyers need to get this right?)
4. Applications for permission to serve Replies late.
5. Applications to strike out Replies served late.
(If you need representation for any hearings in the London area, let me know.)
This is not all good news for costs practitioners. Some of these applications are the result of costs draftsmen and costs lawyers failing to do what they should, when they should. Next year’s professional indemnity premiums are going to spike.