Judicial Assessments: More New Clothes for the Emperor? By Daniel Northall – Littleton Chambers

Posted December 1st, 2016 in arbitration, case management, costs, employment tribunals, judiciary, news by sally

‘On 3 October 2016, the President of the Employment Tribunals, Judge Brian Doyle, issued presidential guidance on a newly introduced process of judicial assessment.’

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Littleton Chambers, 18th November 2016

Source: www.littletonchambers.com

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Excalibur and third party funders – guidance from the Court of Appeal – Hardwicke Chambers

Posted December 1st, 2016 in appeals, costs, news, third parties by sally

‘The Court of Appeal has this morning handed down its judgment in the case of Excalibur Ventures LLC v Texas Keystone Inc and others, a decision that is of great importance to third party funders and their potential liability for adverse costs.’

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Hardwicke Chambers, 18th November 2016

Source: www.hardwicke.co.uk

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Contractual indemnity clauses and costs of service charge proceedings in the First-Tier Tribunal – Hardwicke Chambers

Posted December 1st, 2016 in costs, indemnities, landlord & tenant, leases, news, tribunals by sally

‘A landlord may rely on a contractual indemnity clause in a lease to claim as an administration charge the whole of the costs of service charge proceedings in the First Tier Tribunal (Property Chamber) even where it has already been awarded some of its costs under rule 13(1)(b) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, as Martin Rodger QC, Deputy President, has held in 87 St George’s Square Management Ltd v Whiteside [2016] UKUT 438 (LC).’

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Hardwicke Chambers, 14th November 2016

Source: www.hardwicke.co.uk

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Lord Howard convicted of failing to say who was driving his car when it was caught speeding – Daily Telegraph

‘Former Tory leader Michael Howard has been convicted of failing to say who was driving his car when it was caught by a speed camera.’

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Daily Telegraph, 1st December 2016

Source: www.telegraph.co.uk

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Third party funders as liable for indemnity costs as any other fees, appeal court rules – OUT-LAW.com

Posted November 29th, 2016 in appeals, costs, indemnities, news, third parties by sally

‘Commercial third party funders are liable for the costs consequences of a litigant’s misconduct, regardless of whether they themselves were guilty of any “discreditable conduct or conduct which could be criticised”, the Court of Appeal has ruled.’

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OUT-LAW.com, 28th November 2016

Source: www.out-law.com

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An intervention success story: Powell v Palani – Zenith PI

Posted November 24th, 2016 in consumer credit, costs, news, road traffic by tracey

‘It was only a matter of weeks ago that I encouraged readers to look to 2017 for any future changes to the credit hire landscape. Nevertheless, it appears I was too hasty. The case of William Powell v Babu Palani was heard on 5th September 2016 at Birmingham County Court before His Honour Judge McKenna.’

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Zenith PI, 22nd November 2016

Source: www.zenithpi.wordpress.com

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Judge makes value of security contingent on costs management hearing – Litigation Futures

Posted November 24th, 2016 in budgets, costs, news by tracey

‘A deputy High Court judge has made a security for costs order whose value is contingent on the outcome of a forthcoming costs management hearing.’

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Litigation Futures, 24th November 2016

Source: www.litigationfutures.com

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Man found guilty of punching five-day-old baby in the face – The Independent

Posted November 24th, 2016 in assault, child abuse, compensation, costs, fines, news, sentencing by tracey

‘A man has been found guilty of punching a five-day-old baby girl in the face.’

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The Independent, 23rd November 2016

Source: www.independent.co.uk

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Council told to pay £90,000 after boy nearly drowns during swimming lesson – Local Government Lawyer

Posted November 23rd, 2016 in costs, fines, health & safety, local government, news by tracey

‘A local authority in Wales has been ordered to pay more than £90,000 in fines and damages after a four-year-old boy nearly drowned during a swimming lesson.’

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Local Government Lawyer, 22nd November 2016

Source: www.localgovernmentlawyer.co.uk

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Costs ordered against party that ignored efforts to discuss expert evidence – Litigation Futures

Posted November 23rd, 2016 in costs, expert witnesses, law firms, news by tracey

‘Defendants who failed to engage in discussions about expert evidence, leading to the claimants having to go back to court, have been ordered to pay the costs of the hearing.’

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Litigation Futures, 23rd November 2016

Source: www.litigationfutures.com

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Litigants to pay £15k costs after ignoring letters from other side – Law Society’s Gazette

Posted November 22nd, 2016 in costs, expert witnesses, law firms, news by sally

‘The High Court has ordered litigants who ignored correspondence from the other side to pay for the resulting costs. Chief Master Marsh, sitting in the Chancery Division, said it was ‘unacceptable’ for defendants in a patent case to simply ignore letters and proceed without proper engagement.’

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Law Society’s Gazette, 18th November 2016

Source: www.lawgazette.co.uk

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Council fined £250k after workers suffered following vibration exposure – Local Government Lawyer

Posted November 22nd, 2016 in costs, fines, health & safety, local government, news, personal injuries by sally

‘A district council has been fined £250,000 after a number of its workers were found to be suffering from ill-health relating to vibration exposure.’

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Local Government Lawyer, 21st November 2016

Source: www.localgovernmentlawyer.co.uk

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Challenges to Heathrow runway and HS2 to be hit by law lifting cap on legal costs – The Guardian

Posted November 18th, 2016 in airports, costs, environmental protection, judicial review, news by sally

‘Environmental legal challenges face being hit by the “chilling effect” of new government rules that remove a cap on claimants’ costs, according to campaigners, lawyers and politicians.’

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The Guardian, 17th November 2016

Source: www.guardian.co.uk

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Legal Aid Agency rapped over approach to damages payable to ward of court – Local Government Lawyer

Posted November 17th, 2016 in costs, damages, legal aid, local government, news, wardship, young persons by sally

‘A High Court judge has severely criticised the Legal Aid Agency (LAA)’s actions in a case concerning a ward of court to whom a local authority had agreed to pay damages for the unauthorised release of information.’

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Local Government Lawyer, 17th November 2016

Source: www.localgovernmentlawyer.co.uk

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He’s back – Jackson to report on major expansion of fixed recoverable costs – Litigation Futures

Posted November 17th, 2016 in consultations, costs, judges, news by sally

‘Lord Justice Jackson has been drafted in by the senior judiciary to work on extending fixed recoverable costs – even though earlier this year he said he would rather not do it.’

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Litigation Futures, 11th November 2016

Source: www.litigationfutures.com

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Lord Justice Jackson tasked with undertaking review of fixed recoverable costs – Local Government Lawyer

Posted November 16th, 2016 in costs, judges, news by sally

‘Lord Justice Jackson, the architect of the 2010 reforms to civil litigation and procedures, has been asked to lead a review of fixed recoverable costs, with a view to the regime being extended.’

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Local Government Lawyer, 11th November 2016

Source: www.localgovernmentlawyer.co.uk

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CA ruling on fixed fees to have ‘substantial’ effect – Law Society’s Gazette

Posted November 14th, 2016 in civil procedure rules, costs, damages, fees, insurance, news, personal injuries by tracey

‘The Court of Appeal delivered some good news to claimants last week with a ruling on the level of fees that apply to cases listed for disposal, in a decision that Lord Justice Briggs said would have a “substantial” cumulative effect.’

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Law Society’s Gazette, 14th November 2016

Source: www.lawgazette.co.uk

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Senior Judiciary announces review of fixed recoverable costs – Courts and Tribunals Judiciary

Posted November 11th, 2016 in costs, press releases, reports by tracey

‘Lord Justice Jackson has been commissioned to undertake a review of fixed recoverable costs, to be completed by 31 July 2017.’

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Courts and Tribunals Judiciary, 11th November 2016

Source: www.judiciary.gov.uk

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Developers fail in judicial review challenge over permission for recycling facility – Local Government Lawyer

Posted November 10th, 2016 in construction industry, costs, local government, news, planning, waste by sally

‘Two developers have lost their attempt to judicially review Hertfordshire County Council’s grant of planning permission for a recycling site.’

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Local Government Lawyer, 10th November 2016

Source: www.localgovernmentlawyer.co.uk

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Fairhold Freeholds No. 2 Limited v Moody [2016] UKUT 311 (LC) – Tanfield Chambers

Posted November 9th, 2016 in appeals, costs, fees, indemnities, landlord & tenant, leases, news, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has held that an indemnity given in a lease can be viewed as a promise by the tenant to protect the landlord from the landlord’s liability to a third party. For the tenant to be liable, the tenant’s breach must be the reason for the landlord’s liability to the third party. In this case, the indemnity was not drafted widely enough to render the tenant responsible for the administrative and legal costs incurred by the landlord once the ground rent had been tendered (even though it was tendered late).’

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Tanfield Chambers, 10th October 2016

Source: www.tanfieldchambers.co.uk

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