Judge caps Law Society’s “disproportionate” £640k costs in defending competition claim – Legal Futures

Posted June 24th, 2016 in budgets, conveyancing, costs, Law Society, news, proportionality, quality assurance by tracey

‘The Law Society’s budgeted costs of £637,000 to defend the competition law action brought over its Conveyancing Quality Scheme (CQS) are disproportionate and should be capped at nearly half of that, the president of the Competition Appeal Tribunal has ruled.’

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Legal Futures, 24th June 2016

source: www.legalfutures.co.uk

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Successful part 36 offer removes cap on provisional assessment costs, High Court rules – Litigation Futures

Posted June 23rd, 2016 in appeals, civil procedure rules, costs, news, part 36 offers by sally

‘A successful part 36 offer in a provisional assessment removes the £1,500 costs cap, the High Court has ruled.’

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Litigation Futures, 23rd June 2016

Source: www.litigationfutures.co.uk

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Court penalises party that failed to entertain settlement attempts – Litigation Futures

Posted June 22nd, 2016 in airlines, compensation, costs, news by sally

‘A defendant that “resisted all early attempts at discussion or negotiation” has become the latest to have its conduct penalised in costs.’

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Litigation Futures, 22nd June 2016

Source: www.litigationfutures.co.uk

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Driver beats council in legal battle over 30-year-old unlawful ‘No Entry’ sign – Daily Telegraph

Posted June 21st, 2016 in costs, local government, news, road traffic offences by sally

‘A motorist has beaten a council in a court battle over an illegal ‘No Entry’ sign which has been catching motorists out for 30 years.’

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Daily Telegraph, 21st June 2016

Source: www.telegraph.co.uk

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Crazy little thing called proportionality causes hammer to fall on Queen guitarist’s costs – Litigation Futures

‘Lawyers should tell clients in cases where costs significantly exceed damages that the new test of proportionality means they will receive “no more than a contribution” to those costs if they are successful, a costs judge has said.’

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Litigation Futures, 17th June 2016

Source: www.litigationfutures.com

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Employment tribunal fees ‘will deny workers justice’ – The Independent

‘Workers unfairly dismissed by their employers are being denied access to justice because of new Government court fees, a cross party committee of MPs has warned. Since the new employment tribunal fees were introduced in 2013 there has been a “precipitate drop” of almost 70 per cent in the number of cases being brought, the Commons Justice committee said. It can now cost as much as £1,200 simply to bring a claim.’

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The Independent, 20th June 2016

Source: www.independent.co.uk

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Children: Private Law Update (June 2016) – Family Law Week

Posted June 17th, 2016 in children, costs, DNA, enforcement, news, undertakings by tracey

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

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Family Law Week, 15th June 2016

Source: www.familylawweek.co.uk

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Court sanctions party that failed to paginate its bundles properly – Litigation Futures

Posted June 16th, 2016 in case management, costs, documents, law firms, news, sanctions, solicitors by tracey

‘A party’s failure to provide a properly paginated bundle to the High Court has led to the adjournment of key parts of its application for summary judgment and a costs order.’

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Litigation Futures, 14th June 2016

Source: www.litigationfutures.com

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Supreme Court to hear appeal by council on compensation after pier closure – Local Government Lawyer

‘The Supreme Court will next week (23 June) hear a borough council’s appeal over an order that it should pay more than £2m in compensation plus legal costs to the operators of a business on a seaside pier it temporarily shut down.’

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Local Government Lawyer, 13th June 2016

Source: www.localgovernment.co.uk

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Sarah McClay death: South Lakes Safari Zoo fined – BBC News

Posted June 13th, 2016 in animals, costs, employment, fines, guilty pleas, health & safety, inquests, news, sentencing by sally

‘A zoo where a keeper was mauled to death by a tiger has been fined for health and safety breaches.’

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BBC News, 10th June 2016

Source: www.bbc.co.uk

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‘Reasonable’ costs bill halved under proportionality test – Law Society’s Gazette

‘The senior costs judge has slashed a claimant’s costs bill in a high-profile media case because of the proportionality tests brought in by the Jackson reforms – despite deeming it to be ‘reasonable and necessary’.’

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Law Society’s Gazette, 6th June 2016

Source: www.lawgazette.co.uk

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Refusnik rev: the vicar ​whose council tax protest could put him in jail – The Guardian

‘Retired clergyman Paul Nicolson, who is refusing to pay council tax in solidarity with those hit by benefit cuts, explains why he’s happy to take the consequences.’

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The Guardian, 8th June 2016

Source: www.guardian.co.uk

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Post-Jackson proportionality rule can prevent full recovery of ‘reasonable’ costs, says senior judge – OUT-LAW.com

Posted June 8th, 2016 in civil procedure rules, costs, damages, fees, news, privacy, proportionality by sally

‘The new rules limiting the recovery of the costs of civil court action to a “proportionate” amount may prevent successful parties from recovering costs that would otherwise have been reasonable, a senior costs judge has confirmed.’

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OUT-LAW.com, 7th June 2016

Source: www.out-law.com

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Staking a claim – New Law Journal

‘Kerry Underwood concludes his 60th birthday tour with a master class on small claims, portals & Pt 36.’

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New Law Journal, 3rd June 2016

Source: www.newlawjournal.co.uk

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Senior Costs Judge halves “reasonable” bill under proportionality rule – Litigation Futures

Posted June 6th, 2016 in costs, fees, news, privacy, proportionality by sally

‘The Senior Costs Judge has demonstrated the harsh impact of the post-Jackson proportionality rule – along with providing some guidance on how to apply it – after halving the costs of a privacy action that he had deemed reasonable after a line-by-line assessment.’

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Litigation Futures, 6th June 2016

Source: www.litigationfutures.com

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Hosking and another v Slaughter and May – WLR Daily

Posted June 3rd, 2016 in administrators, costs, insolvency, law reports by sally

Hosking and another v Slaughter and May [2016] EWCA Civ 474

‘During a company’s administration the administrators employed a firm of solicitors and agreed their fees. The company was wound up and the liquidators were subsequently appointed. Shortly thereafter the administrators approved the solicitors’ final invoice which post-dated the liquidators’ appointment. The liquidators applied to the court for an order for a detailed assessment of the costs agreed between the administrators and the solicitors, pursuant to rule 7.34 of the Insolvency Rules 1986. The registrar concluded that the administrators could agree and pay the fees of the solicitors and there was neither power under rule 7.34 nor inherent jurisdiction for the court to order a detailed assessment of costs. The judge dismissed the liquidators’ appeal against the registrar’s order refusing a detailed assessment of costs but allowed the appeal in respect of the final invoice, concluding that rule 7.34 did not apply to former administrators so the final invoice had not been properly approved and would have to be approved by the liquidators. The liquidators appealed against the judge’s decision not to order a detailed assessment and the solicitors appealed against the order that the final invoice had not been properly approved.’

WLR Daily, 24th May 2016

Source: www.iclr.co.uk

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Handley and another v Luke Jackson Solicitors (a firm); Lopes v Croydon London Borough Council; Christie Owen & Davies Ltd v Awan and another – WLR Daily

Handley and another v Luke Jackson Solicitors (a firm); Lopes v Croydon London Borough Council; Christie Owen & Davies Ltd v Awan and another [2016] EWCA Civ 465

‘Where the County Court has made a decision on appeal from a district judge or deputy district judge the position as to an appeal from the County Court’s decision is as follows. (i) If the County Court has heard the appeal and ruled on the issues determined by the district judge (including the validity or otherwise of the claims, the relief to be granted and the costs of the hearing before the district judge) then, by virtue of article 5 of the Access to Justice Act 1999 (Destination of Appeals) Order 2000, any appeal will lie only to the Court of Appeal. Permission must be sought from the Court of Appeal, pursuant to CPR r 52.13, and the second appeal test, set out in section 55(1) of the Access to Justice Act 1999, will apply. (ii) In respect of the costs of the appeal to the County Court, any appeal will lie to the Court of Appeal, pursuant to article 5 of the 2000 Order, but the second appeal test will not apply. (iii) It would be open to the County Court judge to grant permission to appeal to the Court of Appeal in respect of the costs of the appeal to the County Court and the normal test for permission will apply. It would also be open to the Court of Appeal to grant permission applying the same test. (iv) If there has not been what can properly be regarded as a hearing of the appeal, any appeal (which is almost certainly to be one on costs) is to the High Court judge and the normal test will apply (paras 34, 41–42, 44–47, 51, 52, 54, 55).’

WLR Daily, 24th May 2016

Source: www.iclr.co.uk

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The divorce app that lets you break up without breaking the bank – The Guardian

Posted June 2nd, 2016 in arbitration, computer programs, costs, divorce, news by sally

‘Divorce can be a costly legal battleground as well as an emotional ordeal. But a new app, amicable, could provide a better way.’

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The Guardian, 2nd June 2016

Source: www.guardian.co.uk

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Rule committee rejects standalone introduction of fixed fees for costs-only proceedings – Litigation Futures

Posted June 2nd, 2016 in civil procedure rules, costs, fees, insurance, legal profession, news by sally

‘The Civil Procedure Rule Committee (CPRC) has deflected a call by the Forum of Insurance Lawyers (FOIL) to introduce fixed costs in costs-only proceedings, saying that the issue should form part of the wider reform agenda.’

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Litigation Futures, 2nd June 2016

Source: www.litigationfutures.co.uk

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Government admits defeat in bid to introduce fixed costs in clinical negligence on 1 October – Litigation Futures

‘The government has admitted that it will not be able to introduce fixed recoverable costs for clinical negligence cases on 1 October as planned.’

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Litigation Futures, 31st May 2016

Source: www.litigationfutures.co.uk

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