QOCS: The Strike Out and Fundamental Dishonesty Exceptions in Action – Hardwicke Chambers

Posted August 25th, 2016 in civil procedure rules, costs, evidence, interpreters, news, striking out by sally

‘There are still relatively few findings of fundamental dishonesty being made by Courts. Despite the fact that this is obviously an important exception to the QOCS regime, the fundamental dishonesty threshold is proving a difficult hurdle for Defendants to meet. This article explores a recent finding of fundamental dishonesty and the lessons that can be learned by Claimants and Defendants in such cases.’

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Hardwicke Chamebrs, 17th August 2016

Source: www.hardwicke.co.uk

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Clearer on costs – Hardwicke Chambers

Posted August 25th, 2016 in costs, landlord & tenant, news, regulations, tribunals by sally

‘Rule 13(1) of the Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules 2013 (SI 2013/1169) provides that the Property Chamber of the First Tier Tribunal (FTT) may order costs(other than fees) in several limited circumstances. Of most interest to landlords, managing agents and others involved in FTT cases is r 13(1)(b), which provides for costs orders (in agricultural land and drainage, residential property or leasehold cases) “if a person has acted unreasonably in bringing, defending, or conducting proceedings”.’

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Hardwicke Chambers, 5th August 2016

Source: www.hardwicke.co.uk

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Costs judge gives another CFA assignment the thumbs-up – Litigation Futures

Posted August 24th, 2016 in assignment, contracts, costs, fees, news, part 36 offers, solicitors by sally

‘The assignment of conditional fee agreements (CFAs) is under the spotlight yet again after a costs judge ruled that one had been validly made.’

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Litigation Futures, 23rd August 2016

Source: www.litigationfutures.com

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An expensive mistake: defendant to discontinued action sanctioned in costs for failure to comply with the pre-action protocol – Zenith PI Blog

‘Although a first instance decision of a district judge, the case of Nicole Chapman v Tameside Hospital NHS Foundation Trust (Bolton County Court, 15 June 2016, Case number B74YM281) warrants some attention. The defendant was ordered to pay the unsuccessful claimant’s fixed costs on discontinuance because of its failure to comply with the pre-action protocol.’

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Zenith PI Blog, 23rd August 2016

Source: www.zenithpi.wordpress.com

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£13m claim made subject to costs management to ensure it is dealt with justly – Litigation Futures

Posted August 23rd, 2016 in case management, civil procedure rules, costs, news by sally

‘The chief Chancery master has ordered that a case be cost-managed after its £13m value was not disclosed in the claim form, finding that anyway there were “positive reasons why cost management is desirable”.’

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Litigation Futures, 22nd August 2016

Source: www.litigationfutures.com

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Brexit legal challenge: High Court bid could derail Theresa May’s EU exit timetable – The Independent

Posted August 22nd, 2016 in costs, EC law, fees, news, parliament, referendums by sally

‘Remain supporters have crowd-funded £32,000 in legal fees to argue Ms May will need Parliament’s backing before beginning formal negotiations to leave the EU.’

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The Independent, 20th August 2016

Source: www.independent.co.uk

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Coffee chain fined £160k for leaving rubbish bags on London streets – Local Government Lawyer

Posted August 15th, 2016 in costs, environmental protection, fines, litter, news, waste by sally

‘Starbucks has been fined more than £160,000 after two stores in central London repeatedly left rubbish bags on a busy pavement outside of normal collection times.’

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Local Government Lawyer, 12th August 2016

Source: www.localgovernmentlawyer.co.uk

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Landlords behaving badly – Nearly Legal

‘While the Magistrates Courts continue to hand out paltry fines to landlords on conviction for illegal eviction, despite the removal of the upper £5000 limit, it is good to see that the civil courts are capable of taking a more reasonable approach to quantum.’

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Nearly Legal, 13th August 2016

Source: www.nearlylegal.co.uk

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Legal aid is a national institution like the NHS, so why is it not properly funded? – The Guardian

Posted August 10th, 2016 in barristers, budgets, costs, fees, legal aid, legal representation, news, solicitors by tracey

‘The media jump on high-profile cases of criminals like Ben Butler and Jennie Gray receiving huge amounts in legal aid. The real outrage is successive governments’ policy to limit access to it.’

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The Guardian, 9th August 2016

Source: www.gaurdian.co.uk

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NHS hit with costs over “drip feed” disclosure – Litigation Futures

Posted August 9th, 2016 in costs, disclosure, news, personal injuries by sally

‘A district judge has made a costs order in favour a claimant who discontinued her occupier’s liability claim against a hospital, because the defendant NHS trust “drip-fed” documents that should have been disclosed up front under the pre-action protocol.’

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Litigation Futures, 9th August 2016

Source: www.litigationfutures.com

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Anger over legal aid bill for Ellie Butler’s parents – The Guardian

‘The grandfather of murdered six-year-old Ellie Butler has condemned the legal aid granted to her killer father, amid reports the taxpayer picked up a bill of more than £1.5m for his legal expenses.’

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The Guardian, 6th August 2016

Source: www.guardian.co.uk

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High Court ruling due on whether new Labour members can vote in leadership contest – Daily Telegraph

‘A High Court judge is ruling on a bid by five new members of the Labour Party who have “paid their dues” for the legal right to vote in the forthcoming leadership election.’

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Daily Telegraph, 8th August 2016

Source: www.telegraph.co.uk

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Judge rues ‘attritional warfare’ in PI case – Law Society’s Gazette

Posted August 4th, 2016 in costs, law firms, news, personal injuries by Mark L

‘A High Court judge has heavily criticised the parties in a hotly contested personal injury case for their lack of co-operation.’

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Law Society’s Gazette, 3rd August 2016

Source: www.lawgazette.co.uk

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Claimant who only beat part 36 offer because of post-Brexit fall in sterling denied usual rewards – Litigation Futures

Posted August 1st, 2016 in costs, EC law, indemnities, insurance, news, part 36 offers, referendums by Mark L

‘A claimant who only beat his part 36 offer because of the fall in the value of sterling since the Brexit vote has been denied the usual benefits of enhanced interest, indemnity costs and an additional payment that would have been the maximum £75,000 given the sums at stake.’

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Litigation Futures, 29th July 2016

Source: www.litigationfutures.com

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Supreme Court upholds right to claim against ‘malicious’ civil cases – OUT-LAW.com

Posted July 29th, 2016 in costs, malicious prosecution, news, precedent, Privy Council, Supreme Court by tracey

‘Private individuals should have the right to bring a claim against another on the grounds that that person sued them in the civil courts with “unnecessary malice”, the UK’s highest court has ruled.’

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OUT-LAW.com, 27th July 2016

Source: www.out-law.com

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Briggs presses ahead with Online Court and challenges profession to get to grips with unbundling – Legal Futures

Posted July 28th, 2016 in civil justice, costs, courts, internet, news, reports by tracey

‘Lord Justice Briggs published his final report on the structure of the civil courts and retained his strong support for the creation of an online court for claims worth up to £25,000 – which he said should be called the Online Solutions Court – although he has shifted position to say that parties should be able to recover a limited amount of legal costs.’

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Legal futures, 27th July 2016

Source: www.legalfutures.co.uk

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Barrister cops double suspension after immigration conviction – Legal Futures

‘A barrister who was convicted last year of practising as an immigration adviser while his registration was suspended, has now been suspended from the Bar as well.’

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legal Futures, 28th July 2016

Source: www.legalfutures.co.uk

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‘Fraud unravels all’: landmark Supreme Court ruling – Law Society’s Gazette

Posted July 28th, 2016 in appeals, costs, deceit, fees, fraud, insurance, news, personal injuries, Supreme Court by tracey

‘In a landmark ruling for lawyers and insurers, the Supreme Court has paved the way for personal injury settlements to be successfully challenged if the claimant is subsequently found to have lied.’

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Law Society’s Gazette, 27th July 2016

Source: www.lawgazette.co.uk

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Shipping magnate’s son loses libel action against father of woman he was accused of raping – The Independent

‘A shipping magnate’s son who said he endured a five-week “public rubbishing” because of the actions of the father of a woman who accused him of rape has lost his High Court libel action.’

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The Independent, 27th July 2016

Source: www.independent.co.uk

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Costs management – New Law Journal

Posted July 27th, 2016 in budgets, case management, civil procedure rules, costs, fees, news, time limits by sally

‘One of the most important aspects of the Jackson Reforms relates to costs budgeting and the use of Precedent H.’

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New Law Journal, 26th July 2016

Source: www.newlawjournal.co.uk

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