‘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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Costs, Orders, Discontinuance and CPR r.38.6(1): Barker and Barker v Barnett (2015) (QBD) – Zenith PI Blog

Posted May 19th, 2015 in appeals, civil procedure rules, costs, news, pre-action conduct by sally

‘The court can depart from the usual rule in CPR r.38.6(1) that a Claimant who has discontinued their claim is liable for the costs which a Defendant has incurred and, alternatively, order that the Defendant pay a part of the Claimant’s costs.’

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Zenith PI Blog, 18th May 2015

Source: www.zenithpi.wordpress.com

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Wasted costs ordered against solicitor and counsel and case struck out – Free Movement

Posted May 15th, 2015 in barristers, costs, judicial review, law firms, news, striking out, tribunals by tracey

‘In the case of R (on the application of SN) v Secretary of State for the Home Department (striking out – principles) IJR [2015] UKUT 227(IAC) the President of the Upper Tribunal Immigration and Asylum Chamber not only strikes out the applicant’s judicial review claim but also goes on to make a wasted costs order against both the solicitors and counsel involved in the case.’

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Free Movement, 14th May 2015

Source: www.freemovement.org.uk

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Harbour Lecture by Lord Justice Dyson MR: Confronting Costs Management – Courts and Tribunals Judiciary

Posted May 15th, 2015 in budgets, case management, costs, speeches by tracey

‘Harbour Lecture by Lord Justice Dyson MR: Confronting Costs Management.’

Full speech

Courts and Tribunals Judiciary, 14th May 2015

Source: www.judiciary.gov.uk

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Harbour Lecture by Lord Justice Jackson: Confronting Costs Management – Courts and Tribunals Judiciary

Posted May 15th, 2015 in case management, costs, lectures by tracey

‘Harbour Lecture by Lord Justice Jackson: Confronting Costs Management.’

Full speech

Courts and Tribunals Judiciary, 14th May 2015

Source: www.judiciary.gov.uk

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Jackson: costs management is here to stay – Law Society’s Gazette

Posted May 14th, 2015 in budgets, case management, costs, news by tracey

‘The architect of controversial costs management reforms has returned to the subject to insist his changes will not be watered down.’

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Law Society’s Gazette, 14th May 2015

Source: www.lawgazette.co.uk

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High Court overrules Senior Costs Judge on part 36 uplift in detailed assessments – Litigation Futures

Posted May 12th, 2015 in appeals, civil procedure rules, costs, news, part 36 offers by tracey

‘The Senior Costs Judge, Master Gordon-Saker, has been overruled by the High Court after he denied a claimant who made a successful part 36 offer in detailed assessment proceedings the additional 10% uplift to which he was entitled.’

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Litigation Futures, 11th May 2015

Source: www.litigationfutures.com

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Regina (Nicolson) v Tottenham Magistrates’ Court – WLR Daily

Regina (Nicolson) v Tottenham Magistrates’ Court: [2015] EWHC 1252 (Admin); [2015] WLR (D) 204

‘Before being empowered to make an order under regulation 34(7) of the Council Tax (Administration and Enforcement) Regulations 1992 for costs reasonably incurred by a local authority in council tax enforcement proceedings, the magistrates’ court had to have made a proper judicial determination of what costs had been reasonably incurred by the applicant in obtaining the liability order, that determination being based on proper and sufficient material provided by the applicant.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

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Monthly Roundup – Costs and Budgeting – Zenith PI

‘April has seen a great deal of discussion on costs and budgeting. Here is a review of what else we have been writing about this month.’

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Zenith PI, 6th May 2015

Source: www.zenithpi.wordpress.com

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High Court refuses 100% success fee because trial had not started – Litigation Futures

‘The High Court has refused to allow a personal injury claimant a 100% success fee on the grounds that a trial had not started before the case was settled, even though a hearing had begun.’

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Litigation Futures, 8th May 2015

Source: www.litigationfutures.com

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Judge fires costs warning in face of “documentary carpet bombing” – Litigation Futures

Posted May 7th, 2015 in civil procedure rules, costs, disclosure, documents, news by sally

‘A High Court judge has hit out at the “documentary carpet bombing” he faced in a negligence claim before him and warned litigants of the costs consequences that such behaviour can trigger.’

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Litigation Futures, 7th May 2015

Source: www.litigationfutures.com

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Local authorities and judicial review: they should not put their heads completely in the sands – UK Human Rights Blog

Posted May 7th, 2015 in costs, judicial review, local government, news, planning, trials by sally

‘Out of what some may think to be an everyday spat between the Co-Op (existing supermarket) and an out-of-town supermarket proposer, comes a salutary reminder from Singh J that local authorities cannot behave like private litigants when they are judicially reviewed. Different rules apply.’

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UK Human Rights Blog, 7th May 2015

Source: www.ukhumanrightsblog.com

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Retired vicar who refused to pay council tax as matter of principle wins High Court victory over excessive costs – The Independent

Posted May 7th, 2015 in clergy, costs, council tax, news, poverty, taxation by sally

‘A retired vicar who refused to pay council tax on a matter of principle has won a High Court victory over excessive costs.’

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The Independent, 7th May 2015

Source: www.independent.co.uk

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Parents of autistic man criticise decision to prosecute him – Daily Telegraph

‘George Ostle’s parents say if Lord Janner was not fit to stand trial then neither was their autistic son who has the mental age of a ten-year-old.’

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Daily Telegraph, 6th May 2015

Source: www.telegraph.co.uk

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Costs lawyers become latest to call for level playing field in QC appointments – Litigation Futures

Posted May 6th, 2015 in costs, legal profession, news, queen's counsel by sally

‘Costs lawyers and others with rights of audience who are not currently eligible for appointment as Queen’s Counsel should have the right to apply for silk, the Association of Costs Lawyers (ACL) has said.’

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Litigation Futures, 6th May 2015

Source: www.litigationfutures.com

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Faith school wins judicial review over adjudicator findings on admissions – Local Government Lawyer

Posted May 6th, 2015 in costs, education, judicial review, news, school admissions by sally

‘A high-profile faith school won a High Court judicial review last month over the Schools Adjudicator’s finding that its admission arrangements for 2014 and 2015 were unlawful.’

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Local Government Lawyer, 5th May 2015

Source: www.localgovernmentlawyer.co.uk

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As difficult as pulling teeth – Nearly Legal

Posted May 5th, 2015 in costs, damages, housing, landlord & tenant, news, repairs by sally

‘Disrepair claims against private landlords are often interesting. Not least because said landlords have a tendency to take ridiculous positions and stick with them to trial, even when represented. This case is a glorious example of that.’

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Nearly Legal, 4th May 2015

Source: www.nearlylegal.co.uk

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Delay Too Often Defeats Justice – Speech by Master of the Rolls

Posted April 30th, 2015 in case management, costs, delay, magna carta, news, speeches by sally

Delay Too Often Defeats Justice (PDF)

Speech by Master of the Rolls

The Law Society, Magna Carta Event, 22nd April 2015

Source: www.judiciary.gov.uk

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Children: Private Law Update – Family Law Week

Posted April 30th, 2015 in children, costs, domestic violence, evidence, news by sally

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

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Family Law Week, 29th April 2015

Source: www.familylawweek.co.uk

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