Page 3 - PIC Magazine-Issue-27-Autumn-Winter

editor
Notepad Welcome to the latest edition
Whilst this could see more requests for substantial
discounts from Defendants, it is unlikely this benchmark
fi gure will change, without compelling evidence.
The Fixed Recoverable Costs regime was introduced
in October 2023 and nearly three years on, we are
now seeing the impact of the reforms, particularly for
claims that fall on the Intermediate Track. Bands 1-4
are applied dependent upon the complexity of a claim,
determining the fi xed costs recoverable at each stage
of our PIC Magazine.
of litigation. The assignment is crucial to avoiding
signifi cant fi nancial consequences.
The Year 2026 has been anything but quiet in
legal costs. With changing client expectations,
ongoing market challenges, and a growing focus
on innovation and effi ciency, there has been plenty
to keep costs professionals talking.
In March the Court of Appeal overturned the High
Court’s decision in Mazur v Charles Russell Speechlys,
which was much welcomed by legal executives,
paralegals and other unauthorised staff . The ruling
allows them to undertake litigation tasks so long as
an authorised Solicitor or CILEX lawyer retains the
responsibility of the case.
Another landmark case was CCC v Sheffi eld Teaching
Hospitals NHS Foundation Trust which ruled that
a child claimant whose life expectancy has been
reduced by negligence can recover damages for
earnings in the lost years.
The fi rst reported application of CCC has been in the
case of JBX v Frimley Health NHS Foundation Trust
on the issue of future earnings and deductions for
lost years. The Defendant had contended for a 90%
deduction relying on uncertainty when predicting a
child’s future earnings and expenditure. The Court
applied the traditional 50% lost years deduction.
As we head towards 2027, legal costs professionals
should keep a close eye on:
Guideline Hourly Rates. There is currently no public
notice for any increase so we must continue to rely
on the current rates as a benchmark in negotiations.
We must however bear in mind these are a guide only
as each case will be assessed on its own merits.
JXX v Archibald heads to the Court of Appeal in March
2027. This is a huge case for all costs professionals as
the percentage uplift applied to base expert fee will
be considered. Currently, medical agency fees are
recoverable as a disbursement with the uplift generally
limited to 25% however, will this cap be overturned?
Costs Budgeting. Although FRC has reduced the
number of cases requiring budgets, larger multi-track
claims remain subject to costs management. As such
we anticipate tighter judicial control of budgets placing
greater emphasis on accurate forecasting from day one.
Increased adoption of AI-assisted bill drafting, points of
dispute generation and data analysis as standard. There
will become a greater need for quality control and
competitive driven-fee pressures where a traditional
model reduces time spent.
Management Team at PIC
Contents
4 From Diagnosis To Recovery: Why The Right Support
After Diagnosis Matters Most
Lauren Ashun, UKS Health Group
6 Could Your Team Meet The Challenge Of The Mountain?
Back Up Trust
8 Designing Beyond Disability
Arkhi Care
10 Making A Meaningful Diff erence Together
Norma Fraser, Frenkel Topping Charitable Foundation
12 Why Property Finding Needs To Be Part Of Your
Litigation Strategy, Not An Afterthought
Louise Colohan, Steven Docker Associates
14 The Cost Of Criminal Injuries
Andrew Pemberton, Major Trauma Support Partnership
16 Behind Every Successful Woman:
The Story Of Her Legal Networking
Ghazala Aziz, Her Legal Networking
18 20 22 22 COP Costs – Autumn 2026 Round Up
Paul Cruickshanks, A&M Bacon
After The Discount Rate: When Smaller Awards
Need To Deliver More
Mark Holt, Frenkel Topping Specialist Financial Advisers
Mark Holt, Frenkel Topping Specialist Financial Advisers
Connecting, Supporting And Making An Impact
Connecting, Supporting And Making An Impact
Partners In Costs
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PIC Legal Costs Specialists Frenkel Topping Group
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Part of FTG Advisory 3