QOCS protection extends to appeals, High Court rules – Litigation Futures

Posted May 27th, 2016 in appeals, costs, news by tracey

‘Qualified one-way costs shifting (QOCS) applies not only to trials but to appeals, the High Court has ruled.’

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Litigation Futures, 26th May 2016

Source: www.litigationfutures.com

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Appeal judges refuse to order assessment of costs agreed by administrators – Litigation Futures

Posted May 26th, 2016 in administrators, appeals, costs, fees, insolvency, law firms, news by tracey

‘The Court of Appeal has refused a request by the liquidators of a company for a detailed assessment of costs agreed by the firm’s administrators.’

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Litigation Futures, 25th May 2016

Source: www.litigationfutures.com

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Elderly couple who cut wealthy neighbour’s grass verge for 12 years given land in ‘squatters’ rights’ ruling as opponent faces £250,000 legal bill – Daily Telegraph

Posted May 26th, 2016 in adverse possession, appeals, costs, elderly, land registration, news by tracey

‘A couple who cut a grass verge outside their wealthy neighbour’s home for 12 years have been given the land by a judge in a “squatters’ rights” ruling following a lengthy court battle.’

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Daily Telegraph, 26th May 2016

Source: www.telegraph.co.uk

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New judgment ‘kills’ unbundled legal services – Law Society’s Gazette

‘An appeal court ruling last week appears to have delivered a serious blow to solicitors seeking to offer ‘unbundled’ services without being held liable for matters beyond those in their client retainer.’

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Law Society’s Gazette, 24th May 2016

Source: www.lawgazette.co.uk

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Online Court will include “limited” legal costs to aid unbundled advice, says Briggs – Legal Futures

Posted May 25th, 2016 in budgets, civil justice, costs, courts, internet, legal aid, news by sally

‘The new Online Court will not ban lawyers and there will be “a very limited element of fixed costs” so litigants can get initial legal advice – but not the full “over-expensive” service, Lord Justice Briggs said yesterday.’

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Legal Futures, 24th May 2016

Source: www.legalfutures.co.uk

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Money down the drain – Nearly Legal

Posted May 25th, 2016 in costs, easements, housing, local government, news, nuisance, waste, water by sally

‘Nuisance cases are tricky. There is a lot to establish for causation, for liability and for loss. This case is perhaps a cautionary tale about the need to be constantly alert to changes in the facts and expert opinion as they emerge over the course of the case. It is also an object example of litigation between neighbours that got completely, astonishingly, out of hand in relation to the initial objectives.’

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Nearly Legal, 25th May 2016

Source: www.nearlylegal.co.uk

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Jackson: fixed costs grid is “starting point for debate” – Litigation Futures

Posted May 24th, 2016 in civil justice, costs, judges, negligence, news, personal injuries, speeches by sally

‘Lord Justice Jackson has sought to calm fears raised by the “grid of fixed costs” he proposed in January this year for all civil claims worth up to £250,000.’

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Litigation Futures, 24th May 2016

Source: www.litigationfutures.com

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Christie’s fined £3,000 for putting banned elephant tusk up for sale – Daily Telegraph

Posted May 24th, 2016 in auctioneers, costs, fines, news by sally

‘World-famous Christie’s Auction House were fined £3,250 today after putting a banned elephant tusk up for sale on their website.’

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Daily Telegraph, 23rd May 2016

Source: www.telegraph.co.uk

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Senior judges oppose singling out clin neg for fixed costs as consultation nears – Litigation Futures

‘The senior judiciary agrees with Lord Justice Jackson that fixed recoverable costs should not be introduced in clinical negligence cases in isolation, but as part of their extension across the entire fast-track and ‘lower’ end of the multi-track, it has emerged.’

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Litigation Futures, 23rd May 2016

Source: www.litigationfutures.com

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Finance & Divorce Update, May 2016 – Family Law Week

Posted May 20th, 2016 in costs, divorce, financial provision, news, trusts by tracey

‘Edward Heaton, Principal Associate, and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during April 2016.’

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Family Law Week, 15th May 2016

Source: www.familylawweek.co.uk

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NHSLA ordered to pay indemnity costs for surveillance video “ambush” – Litigation Futures

‘The NHS Litigation Authority (NHSLA) has been ordered by the High Court to pay indemnity costs after sending a last-minute surveillance video to the claimant’s lawyers which resulted in a trial being vacated.’

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Litigation Futures, 16th May 2016

Source: www.litigationfutures.com

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Almost half of solicitors in England and Wales are women, study shows – The Guardian

Posted May 17th, 2016 in costs, diversity, equality, law firms, news, statistics, women by sally

‘Almost half of all solicitors in England and Wales are women and almost a fifth are from non-white backgrounds, according to the latest figures.’

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The Guardian, 17th May 2016

Source: www.guardian.co.uk

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Increasing costs budget – what constitutes “significant development” – Zenith PI Blog

Posted May 16th, 2016 in budgets, civil procedure rules, costs, expert witnesses, news by sally

‘In Churchill v Boot 2016 (QBD 22/04/2016) permission to appeal against a master’s order refusing permission to amend a cost budget was refused.’

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Zenith PI Blog, 13th May 2016

Source: www.zenithpi.wordpress.com

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How the other half live – Nearly Legal

Posted May 16th, 2016 in costs, news, taxation, tribunals by sally

‘Eclipse Film Partners v HMRC [2016] UKSC 24 has almost nothing to do with housing law. It was an appeal from the First Tier Tribunal (Tax Chamber), via the UT (TCC) and the CA. It wasn’t even about the substantive issues in the case, rather, it was about who should pay for the costs of the bundles (which cost over £215,000 to produce – more than 700 files in the trial bundle!).’

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Nearly Legal, 12th May 2016

Source: www.nearlylegal.co.uk

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UK government spent £105,000 in legal fees on lost air pollution case – The Guardian

‘The government spent at least £105,000 in legal costs while fighting and losing a court challenge over illegal levels of air pollution, according to data released through freedom of information rules, and now faces further bills from a new case it is contesting.’

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The Guardian, 11th May 2016

Source: www.guardian.co.uk

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Tis aw a muddle – costs edition – Nearly Legal

Posted May 6th, 2016 in agency, costs, injunctions, joinder, landlord & tenant, news, repossession by tracey

‘Morales v Enver (2016) QBD (Irwin J) 28/04/2016. Mr M had brought injunction for re-entry proceedings against a landlord and agents.’

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Nearly Legal, 4th May 2016

Source: www.nearlylegal.co.uk/blog/

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Government working on fixed costs extension, says Faulks, as clinical negligence debate hots up – Litigation Futures

Posted May 6th, 2016 in costs, negligence, news, personal injuries by tracey

‘The government is investigating the extension of fixed recoverable costs across all civil litigation, including how to deal with differences between different types of litigation, civil justice minister Lord Faulks said yesterday.’

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Litigation Futures, 5th may 2016

Source: www.litigationfutures.com

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High Court: no “windfall” in allowing barrister to claim fast-track trial advocacy fee – Litigation Futures

‘Allowing a claimant’s barrister to recover a trial advocacy fee in a fast-track personal injury case, settled on the morning of the hearing, “hardly amounts to a windfall”, a High Court judge has said.’

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Litigation Futures, 3rd May 2016

Source: www.litigationfutures.com

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Credit Hire – Defendant Entitled To Summary Judgment When Claimant Could Not Establish Need – Zenith PI Blog

‘HHJ Armstrong refused the Claimant’s application for permission to appeal the decision of District Judge Read that the Defendant was entitled to summary judgment when the Claimant could not establish need in relation to a vehicle he had hired.’

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Zenith PI Blog, 27th April 2016

Source: www.zenithpi.wordpress.com

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Regina (Sino) v Secretary of State for the Home Department – WLR Daily

Regina (Sino) v Secretary of State for the Home Department [2016] EWHC 803 (Admin)

‘Claiming that he had been unlawfully detained, the claimant sought, through the route of judicial review, immediate release from detention, determination of the defendant’s liability for his false imprisonment and resolution as to whether, if false imprisonment was established, damages should be compensatory or nominal. The defendant had detained the claimant under immigration powers for periods totalling seven years and two months. The judge held that the claimant had been unlawfully detained between 13 July and 10 December 2013 and was entitled to more than nominal damages for false imprisonment, to be assessed on a compensatory basis. The claimant failed in his public law claim in relation to accommodation, deportation and removal. An issue arose as to costs. The defendant contended, inter alia, that as the claimant had succeeded on only one issue out of four he was entitled to only 25% of his costs.’

WLR Daily, 12th April 2016

Source: www.iclr.co.uk

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