Originally from Liverpool, Joanne went to university and law school in London, completing her training contract with West End boutique firm, Kyriakides & Braier. After qualification, Joanne moved back up north, joining Burton Copeland. In 1999, together with the managing partner of Burton Copeland, Joanne co-founded Mason & Co, a full service law firm in Altrincham, Cheshire. 2002-2005 proved to be a very busy period, in which Joanne got married and had 3 children (Keir, Patrick and Eva), all whilst working as a partner and head of department in Mason & Co. Having 3 babies within the space of 30 months provided some very useful training in the art of working from home, which obviously came in handy a few years later!
Seeking a different pace of life for their young family, Joanne and her husband, Trevor, moved to Brecon in mid Wales in 2006, where she joined Jeffreys & Powell solicitors as a partner and head of litigation and family. Noting the benefits of alternative dispute resolution to her clients, Joanne trained as a civil and commercial mediator in early 2012 and as a family mediator later in the same year before being appointed Managing Solicitor for Kearns Solicitors, an ABS law firm within the Link Financial Group of companies.
Outside of work, Joanne is a keen cook and DIY enthusiast and spends an unhealthy amount of time shouting at politicians on the radio. Relaxation is achieved walking her two dogs, Doglish and Floss, in the Brecon Beacons.
Following another challenging year in these unprecedented times we review below some significant developments in Civil Litigation in 2021.
Guideline Hourly Rates
For the first time in over a decade the guideline hourly rates were reviewed and the new long awaited guideline hourly rates are now effective from 1
st October 2021.
The increase in the guideline rates is about 20% to reflect the absence of any change since 2010.
The new rates and percentage increase on current rates in brackets, are as follows:
| Grade A |
Grade B |
Grade C |
Grade D |
|
| London 1 |
£512 (25.2%) |
£348 (17.6%) |
£270 (19.5%) |
£186 (34.8% |
| London 2 |
£373 (17.8%) |
£289 (19.5%) |
£244 (25%) |
£139 (10.4%) |
| London 3 |
£282 (13.7%) |
£232 (15.8%) |
£185 (11.9%) |
£129 (7%) |
| National 1 |
£261 (20.2%) |
£218 (13.5%) |
£178 (10.7%) |
£126 (6.8%) |
| National 2 |
£255 (26.78%) |
£218 (23.2%) |
£177 (21.3%) |
£126 (13.5%) |
While there is no doubt that costs arguments, including about the hourly rates will continue, it is worth bearing in mind that the judge in the case of
Axnoller Events Ltd v Brake & Anor [2021] EWHC 2362 (Ch) (23 August 2021) allowed the new rates for work done prior to October 2021. HHJ Paul Matthews held: –
“… I accept that the 2010 summary assessment guidelines are now well out of date. In a case like this, I would simply put them on one side as of little assistance. Although they are strictly speaking not yet in force, the new 2021 guidelines (which have been approved by the Master of the Rolls) have already been used in summary assessment in the High Court: see eg ECU Group plc v Deutsche Bank [2021] EWHC 2083 (Ch), [25]. I consider that I should take these guidelines into account.”
Ho v Adelekun [2021]
Also, in the substantive case of
Ho v Adelekun [2021] UKSC 43, the Supreme Court held that in cases where there was no court order for “damages and interest” as per CPR part 44, the court does not have a discretion to order a costs/costs set off in QOCS cases.
This is an important and far reaching decision which will have the effect of lessening the threat of consequences to a claimant of failing to beat a defendant’s Part 36 offer.
Whiplash Reforms
2021 also saw a major change with the “Whiplash reforms” coming into force under The Civil Liability Act 2018 on 31 May.
However, although the number of RTA claims filed appears to have fallen, injured people appear content to continue to instruct a lawyer to represent them. The MOJ in October 2021 published its first quarterly figures since the launch of the Official Injury Claim. This showed that in total 30,658 claims (74%) were made through a law firm and 10,622 through an alternative business structure. Just 4,331 claims were brought by unrepresented people.
It is of course early days, but it appears for whatever reason claimants are deciding to continue to pursue their claim with legal representation.
