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Sunday 05th September 2010 | |||
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Negotiation & Assessment Negotiating costs1. Reserving rights. Negotiations are precisely that. Ensure your rights are reserved to vary costs if a proper breakdown or Bill is necessary subsequently. Mark correspondence "without prejudice" if you do not want letters to be placed before the Court at all. "Without prejudice save/except as to costs" can be placed before a Judge when the issue of costs falls to be decided. 2. VAT. Ensure that your client is entitled to recover VAT. This generally is not recoverable by trading corporations, but most banks, building societies and some property investment companies cannot recover VAT from HMCE. 3. Disbursements. Ensure that you have an up-to-date fee note from Counsel and all Experts before preparing a breakdown. 4. Interest. This currently runs at 8% from the date of the Order pursuant to The Judgment Debts Act 1838 for issued cases. Unless an offer is clear that interest is not included, it will be deemed to include interest (47.19 Practice Direction 7.5). Under CPR 36 the court does have the power to order punitive rates of interest. Interest must be stated within an arbitration award to be recovered. Back to top 2. Detailed assessment 3. Raising conduct on detailed assessment 4. Supreme Court Costs Office - Fees 5. Summary assessment |
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