Speech by Lord Justice Jackson: Fixed Costs – The Time Has Come – Courts and Tribunals Judiciary

Posted January 29th, 2016 in civil justice, civil procedure rules, costs, lectures by tracey

‘Lord Justice Jackson gave the IPA Annual Lecture on the 28 January 2016. “The purpose of this lecture is to argue that we should now introduce an extensive regime of fixed costs for civil litigation as proposed in chapters 15 and 16 of the Review of Civil Litigation Costs Final Report. In the light of recent developments the time is now ripe to take this substantial step…” ‘

Full speech

Courts and Tribunals Judiciary, 29th January 2016

Source: www.judiciary.gov.uk

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Court of Appeal to rule on interplay between fixed costs and part 36 offers – Litigation Futures

Posted January 19th, 2016 in appeals, civil procedure rules, costs, news, part 36 offers by sally

‘The Court of Appeal is to decide on whether a party who beats a part 36 offer in a case where fixed fees apply is eligible for indemnity costs as well.’

Full story

Litigation Futures, 18th January 2016

Source: www.litigationfutures.com

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Government confirms 1 October 2016 date for fixed costs in clinical negligence – Litigation Futures

‘The introduction of fixed recoverable costs (FRC) in clinical negligence cases is still planned for 1 October 2016, the Department of Health has confirmed.’

Full story

Litigation Futures, 14th January 2016

Source: www.litigationfutures.co.uk

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Moyo v Nursing and Midwifery Council – WLR Daily

Moyo v Nursing and Midwifery Council [2015] EWHC 3547 (Admin); [2015] WLR (D) 555

‘In fitness to practise hearings there was no formal burden or standard of proof at the sanction stage of the proceedings; rather it was for the panel to use its own professional judgment to decide what sanction would be proportionate in order to protect the public interest, which included: (1) protection of patients and others; (2) maintenance of public confidence in the professions and the regulatory body; and (3) declaring and upholding proper standards of conduct and behaviour.’

WLR Daily, 10th December 2015

Source: www.iclr.co.uk

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No relief from the Supreme Court – Radcliffe Chambers

‘The Supreme Court has held in Thevarajah v Riordan [2015] UKSC 78 that:
(1) a party who failed to obtain relief from sanctions for non compliance with an order
cannot make a second application for relief without demonstrating a material change
in circumstances; and
(2) belated compliance with an order does not, of itself, constitute a material change
in circumstances.’

Full story

Radcliffe Chambers, 7th January 2016

Source: www.radcliffechambers.com

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Maximising Fixed Costs – In the Protocol and out of it – Hardwicke Chambers

Posted January 12th, 2016 in barristers, civil procedure rules, costs, London, news, solicitors by sally

‘With costs for low value PI claims being stripped to bare bones and further cuts on the horizon, maximising fixed costs is essential. In this article, Jasmine Murphy asks the question: Have we all been missing a trick? The trick in this case is another eighth of the costs allowed in fixed costs cases.’

Full story

Hardwicke Chambers, 4th January 2016

Source: www.hardwicke.co.uk

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Decision on proposal for new October bill of costs is postponed – Law Society’s Gazette

Posted January 12th, 2016 in bills, civil procedure rules, computer programs, costs, expenses, law firms, news by sally

‘The committee set up to decide the future of legal costs in civil litigation has recommended that a new of bill of costs based on electronic assessment should be in place from October.’

Full story

Law Society’s Gazette, 11th January 2016

Source: www.lawgazette.co.uk

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Cook v Virgin Media Ltd; McNeil v Tesco plc – WLR Daily

Cook v Virgin Media Ltd; McNeil v Tesco plc [2015] EWCA Civ 1287; [2015] WLR (D) 538

‘The English court had power to apply the doctrine of forum non conveniens in a purely domestic context, exercising the court’s wide general case management powers in CPR rr 3.1(2)(m) and 3.3, and therefore could strike out or stay proceedings brought in England where Scotland was the natural and more appropriate forum.’

WLR Daily, 14th December 2015

Source: www.iclr.co.uk

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CA: Courts must consider “all the circumstances” before imposing part 36 penalties – Litigation Futures

Posted January 5th, 2016 in appeals, civil procedure rules, costs, news, part 36 offers, penalties by sally

‘Courts must consider “all the circumstances” before deciding whether it would be unjust to impose costs penalties on claimants who fail to beat offers made under part 36, appeal judges have ruled.’

Full story

Litigation Futures, 5th January 2015

Source: www.litigationfutures.com

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Supreme Court: no “material change” means no second application for relief from sanctions – Litigation Futures

‘Litigants are not entitled to make a second application for relief from sanctions unless there has been a “material change in circumstances”, the Supreme Court has ruled.’

Full story

Litigation Futures, 17th December 2015

Source: www.litigationfutures.com

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Tanir v Tanir – WLR Daily

Tanir v Tanir [2015] EWHC 3363 (QB); [2015] WLR (D) 508

‘CPR r 13.2 was in mandatory terms, so that where it was far from certain that the court had served on the defendant a claim form by post in accordance with CPR r 6.18(1), judgment in default had to be set aside.’

WLR Daily, 7th December 2015

Source: www.iclr.co.uk

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Abdulle and others v Commissioner of Police of the Metropolis – WLR Daily

Abdulle and others v Commissioner of Police of the Metropolis [2015] EWCA Civ 1260; [2015] WLR (D) 513

‘The Court of Appeal would not lightly interfere with a case management decision and would support robust and fair case management decisions by first instance judges to strike out, or to decline to strike out, claims under CPR r 3.4(2)(c). In a case in which the balance was a “fine” one, an appellate court should respect the balance struck by the first instance judge.’

WLR Daily, 8th December 2015

Source: www.iclr.co.uk

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Defendant with counterclaim not entitled to benefits of claimant’s part 36 offer, High Court rules – Litigation Futures

Posted December 7th, 2015 in civil procedure rules, interest, news, part 36 offers by sally

‘A part 36 offer made by a defendant with a counterclaim is not “automatically to be regarded as a claimant’s offer”, the High Court has ruled.’

Full story

Litigation Futures, 7th December 2015

Source: www.litigationfutures.com

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Defence of tender before claim – Law Society’s Gazette

Posted November 30th, 2015 in civil procedure rules, damages, defences, news, payment into court by sally

‘The common law defence of tender before claim is a defence that, before the claimant commenced court proceedings, the defendant had unconditionally offered the amount due to the claimant.’

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Law Society’s Gazette, 30th November 2015

Source: www.lawgazette.co.uk

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Open Offers: A Practical View from the Bar – Littleton Chambers

Posted November 12th, 2015 in civil procedure rules, construction industry, costs, news by sally

‘In his monthly column, James Bickford Smith discusses the High Court’s decision in The Dorchester Group Limited t/a The Dorchester Collection v Kier Construction Limited [2015] EWHC 3051 (TCC) concerning an open offer of settlement.’

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Littleton Chambers, 11th November 2015

Source: www.littletonchambers.com

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MOJ Portal Stage 3 and Part 36: What are protocol offers? – Park Square Barristers

‘A regular issue that is being raised at MOJ Stage 3 hearings, particularly since the introduction of the 13th edition of the JC Guidelines: can parties make new offers in their Part B forms and benefit from the cost consequences of Part 36.29 for beating/matching them? This article aims to set out the relevant rules and paragraphs to determine this issue.’

Full story

Park Square Barristers, 6th November 2015

Source: www.parksquarebarristers.co.uk

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Over egging it – Nearly Legal

‘This was a Court of Appeal hearing on an appeal on costs. The original case was the landlord’s claim for rent arrears of some £6,000 and interest. The landlord also claimed for physical damage to the property by the tenant amounting to some £20,000 and consequential loss of rent. The tenant agreed some £6,000 in rent arrears, but denied the property damage. The tenant counterclaimed for failure to repair the property and breach of quiet enjoyment. The tenant also challenged the landlord’s identity as landlord and the interest rate claimed.’

Full story

Nearly Legal, 9th November 2015

Source: www.nearlylegal.co.uk

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Wales – it’s just more appealing – Nearly Legal

Posted November 5th, 2015 in appeals, civil procedure rules, housing, news, tribunals, Wales by sally

‘Clarise Properties Ltd v Rees [2015] EWCA Civ 1118 (Lawtel/Westlaw only from what I can see) is an interesting* permission to appeal decision. It appears that devolution has caused an odd little difference in the test for permission to appeal from the UT(LC) depending on whether the case started in England or Wales.’

Full story

Nearly Legal, 5th November 2015

Source: www.nearlylegal.co.uk

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Judge calls for fast-track civil contempt procedure after application is stymied by criminal trial – Litigation Futures

‘A claimant found to have brought a bogus personal injury claim – but then cleared of fraud in the Crown Court – can only face civil contempt proceedings if there is new evidence, the High Court has ruled.’

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Litigation Futures, 4th November 2015

Source: www.litigationfutures.com

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Statements made in open offer do not constitute admissions, High Court rules – Litigation Futures

Posted October 27th, 2015 in budgets, civil procedure rules, costs, disclosure, news by sally

‘A party cannot use part of an open offer made during litigation as an admission by their opponent, the High Court has ruled.’

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Litigation Futures, 27th October 2015

Source: www.litigationfutures.com

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