High Court abandons cost budgeting for clinical negligence claims to clear backlog – Litigation Futures

Posted July 3rd, 2015 in budgets, case management, costs, negligence, news, personal injuries by tracey

‘Costs budgeting will not be applied to High Court clinical negligence cases listed for costs hearings between October 2015 and January 2016 in an attempt to clear the backlog, it has emerged.’

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Litigation Futures, 2nd July 2015

Source: www.litigationfutures.com

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Fruit farm manager jailed over deaths of men who ‘scuba dived’ for apples – The Guardian

‘A fruit farm manager has been jailed for the manslaughter of two workers who died after climbing into a sealed storage unit to collect the best apples for a competition.’

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The Guardian, 1st July 2015

Source: www.guardian.co.uk

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Medical legal costs ‘excessive and should be capped’ – BBC News

Posted June 29th, 2015 in costs, hospital orders, negligence, news, personal injuries by sally

‘The government intends to put strict limits on the “excessive fees” some lawyers claim in medical negligence cases against the NHS in England.’

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BBC News, 28th June 2015

Source: www.bbc.co.uk

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Stocker v Stocker [2015] EWHC 1634 (QB) – Zenith PI Blog

Posted June 26th, 2015 in budgets, case management, costs, news by sally

‘Whilst the recent case of STOCKER v STOCKER [2015] EWHC 1634 (QB) is a libel case, the guidance on cost budgeting is relevant to all civil proceedings. Mr Justice Warby, who adjudicated on costs budget in Mr Yeo MP’s libel claim (Yeo v Times Newspapers 2015 EWHC 209)) has given some further guidance of general interest on proportionality, costs of budgeting, experts, trial preparation and costs of the trial in Stocker v Stocker. By the way, he reduced the Defendant’s estimated costs by 40%, from £330,000 to £197,000, not a good outcome for Mrs Stocker and her legal team.’
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Zenith PI Blog, 26th June 2015

Source: www.zenithpi.wordpress.com

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High court judgment slates ‘grossly excessive’ fees – Law Society’s Gazette

Posted June 23rd, 2015 in costs, fees, immigration, news by tracey

‘Claimant lawyers in a judicial review immigration case have been criticised for progressing “diffuse and frankly confusing” arguments and for charging their clients “grossly excessive” fees.’

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Law Society’s Gazette, 23rd June 2015

Source: www.lawgazette.co.uk

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‘Broader interest of justice’ can trump parties’ duty of candour in judicial review cases, says Privy Council – OUT-LAW.com

Posted June 22nd, 2015 in appeals, costs, disclosure, gambling, judicial review, licensing, news, Privy Council by tracey

‘Courts should not dismiss an application for judicial review solely on the grounds that one party has not complied with its duty to disclose all necessary facts and issues if doing so would not be in the interests of justice, one of the UK’s highest courts has ruled.’

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OUT-LAW.com, 19th June 2015

Source: www.out-law.com

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First ever motorist convicted for ‘lane hogging’ – The Independent

Posted June 22nd, 2015 in careless driving, costs, fines, news by tracey

‘A motorist has been convicted of careless driving for “hogging” the middle motorway lane, in what is believed to be the first case of its kind.’

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The Independent, 21st June 2015

Source: www.independent.co.uk

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Relief from Sanctions in the Family Courts – Family Law Week

Posted June 19th, 2015 in children, civil procedure rules, costs, delay, news, penalties by tracey

‘Chris Barnes, 4 Paper Buildings, and Jane Wells and James Billingham, Harney and Wells Solicitors, consider the lessons of H (Children) in which they acted for the appellant father.’

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Family Law Week, 14th June 2015

Source: www.familylawweek.co.uk

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Mick and Mairead Philpott’s £350,000 defence bill draws criticism – The Independent

Posted June 15th, 2015 in arson, barristers, costs, homicide, legal aid, news by sally

‘Mick and Mairead Philpott were provided with more than £350,000 of taxpayer’s money to fund a legal team including four barristers, it has been reported.’

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The Independent, 14th June 2015

Source: www.independent.co.uk

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Dear Occupier – Nearly Legal

Posted June 9th, 2015 in costs, housing, land registration, mortgages, news, rent by tracey

‘For reasons that will become clear in this post, rentcharges are a bit of a legal oddity. It has been a new realm for me, but I was intrigued by this case, and wiser members of the NL collective have held my hand as I headed down this particular rabbit hole.’

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Nearly Legal, 8th June 0215

Source: www.nearlylegal.co.uk

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Divorcee Michelle Young to be sued over financing of bitter legal battle – Daily Telegraph

Posted June 8th, 2015 in contracts, costs, divorce, news, trials by sally

‘Saga of divorce battle takes extraordinary new twist as financial backers plan to sue her for breach of contract.’

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Daily Telegraph, 7th June 2015

Source: www.telegraph.co.uk

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In re K (Children) – WLR Daily

In re K (Children): [2015] EWCA Civ 543; [2015] WLR (D) 237

‘The Family Court had no power to order the Lord Chancellor to provide public funding for legal representation outside the legal aid scheme in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.’

WLR Daily, 22nd May 2015

Source: www.iclr.co.uk

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Bankruptcy trustee barred from charging costs to client account – Law Society’s Gazette

Posted June 5th, 2015 in bankruptcy, client accounts, costs, news, trustees in bankruptcy by tracey

‘A trustee looking after the affairs of a bankrupt law firm has been refused permission to claim costs from the client accounts of the practice.’

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Law Society’s Gazette, 5th June 2015

Source: www.lawgazette.co.uk

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Cost of data breach incidents to business soars, finds UK government study – OUT-LAW.com

Posted June 4th, 2015 in costs, data protection, news, reports by sally

‘The worst data breach incidents are costing UK businesses between £1.5 million and £3m on average through business disruption, lost sales and assets and damage to reputation, new research by the UK government and consultancy PwC has found.’

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OUT-LAW.com, 3rd June 2015

Source: www.out-law.com

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New measures to make criminals pay legal aid costs – Ministry of Justice

Posted June 3rd, 2015 in assets recovery, costs, legal aid, news, proceeds of crime by sally

‘New measures to make criminals, rather than hard working taxpayers, pay more towards their legal bills have come into force today (1 June 2015).’

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Ministry of Justice, 1st June 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

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International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) – WLR Daily

International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) [2015] UKSC 33; [2015] WLR (D) 233

‘At common law, an employer who had compensated an employee for exposing him to mesothelioma was only entitled to an indemnity under his liability insurance to the extent of the proportion which the policy period bore to the whole period of the employee’s exposure by the employer but could recover 100% per cent of the defence costs incurred in defending the employee’s claim.

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

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Indemnity costs in immigration judicial reviews – Free Movement

Posted May 29th, 2015 in costs, immigration, indemnities, judicial review, news by sally

‘The substantive matter in the case of R (on the application of Kaienga) v Secretary of State for the Home Department IJR [2015] UKUT 272 (IAC) was agreed by way of a consent order; however costs had not been agreed between the parties in advance of the hearing. An application was made by the applicant for costs on an indemnity basis as a result of the Home Office’s conduct. UTJ Kopiecek awarded the applicant their costs, but refused to do so on an indemnity basis reiterating that such an order is not designed for punitive purposes.’

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Free Movement, 29th May 2015

Source: www.freemovement.org.uk

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Is crowdfunded litigation the future of justice? – The Guardian

Posted May 26th, 2015 in costs, dispute resolution, internet, news, public interest, third parties by sally

‘With legal aid in crisis, CrowdJustice selects public interest cases and invites the public to fund them. But it faces many obstacles to enacting real change.’

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The Guardian, 25th May 2015

Source: www.guardian.co.uk

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‘I Started Something I Couldn’t Finish’ – Wasted Costs Application Against Legal Representatives – Zenith PI Blog

Posted May 21st, 2015 in costs, news, personal injuries, practice directions by sally

‘Anecdotal evidence suggests that Defendants in failed personal injury claims are increasingly making use of the Court’s wasted costs powers in an attempt to recover costs from Claimants’ legal representatives. Often this is in cases where the Defence is either explicitly or implicitly one of fraud. In such cases the terms of the ATE insurance (if indeed any is held by the Claimant) are often such that the policy does not pay out. Thus, Defendants are sometimes left in the position of holding a costs order against a ‘man of straw’. To circumvent this problem it seems some Defendants are making costs applications against legal representatives directly, using the wasted costs jurisdiction. The recent case of Kagalovsky v Balmore Invest Ltd [2015] EWHC 1337 (QB)[1] provides a salutary reminder of the difficulties a party faces when seeking to persuade a Court to make a wasted costs order.’

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Zenith PI Blog, 20th May 2015

Source: www.zenithpi.wordpress.com

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Civil procedure: costs recoverability – Law Society’s Gazette

‘A discrete but significant issue on costs recently came before the Court of Appeal in R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2015] EWCA Civ 203.’

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Law Society’s Gazette, 18th May 2015

Source: www.lawgazette.co.uk

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