Judges “should be slow” to consider reasonableness of settlement stance – Litigation Futures

Posted January 20th, 2017 in costs, indemnities, news, part 36 offers by sally

‘Judges should be “very slow to entertain a discussion as to whether parties to litigation have negotiated in a reasonable manner”, the Court of Appeal has cautioned.’

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Litigation Futures, 19th January 2017

Source: www.litigationfutures.co.uk`

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Property developer ordered to pay £55k over listed building offences – Local Government Lawyer

Posted January 19th, 2017 in construction industry, costs, fines, historic buildings, local government, news by tracey

‘A property development business, a director and a site manager have been ordered to pay more than £55,000 between them after removing historic fixtures in every room of a grade-II listed house in Lincoln without consent.’

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Local Government Lawyer, 17th January 2017

Source: www.localgovernmentlawyer.co.uk

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SDT throws out surveillance allegations against News of the World solicitor – Legal Futures

Posted January 19th, 2017 in costs, disciplinary procedures, media, news, solicitors by tracey

‘The Solicitors Disciplinary Tribunal has thrown out charges against a solicitor for Rupert Murdoch’s News International accused of unreasonably advising and commissioning surveillance of two high-profile lawyers bringing phone hacking cases.’

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Legal Futures, 19th January 2017

Source: www.legalfutures.co.uk

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Proportionality – opening a can of worms – Litigation Futures

Posted January 18th, 2017 in civil procedure rules, costs, news, proportionality by sally

‘In his final report, Lord Justice Jackson said: “Disproportionate costs do not become proportionate because they were necessary. In my view, that disproportionate element of the costs cannot be saved, even if the individual items within it were both reasonable and necessary”.’

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Litigation Futures, 17th January 2017

Source: www.litigationfutures.com

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Disciplinary round-up: fine for firm which failed to make client’s visa application and then lost his passport – Legal Futures

‘A north London law firm has been rebuked for misleading its client into thinking that it had made a visa application on his behalf.’

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Legal Futures, 13th January 2017

Source: www.legalfutures.co.uk

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High Court judge condemns Leigh Day claimants for “deliberate disregard” of court order in £50m+ costs battle – Litigation Futures

Posted January 12th, 2017 in budgets, costs, expert witnesses, law firms, news by tracey

‘A High Court judge has “unequivocally” condemned claimants represented by group litigation specialists Leigh Day for “deliberate disregard of a court order” in a case where the costs of both sides were estimated at well over £50m.’

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litigation Futures, 10th January 2017

Source: www.litigationfutures.co.uk

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FCO reviews policy of making forced marriage victims pay for flights – The Guardian

Posted January 12th, 2017 in costs, forced marriages, news, repayment, victims by tracey

‘The Foreign Office is to review its policy on forced marriage after the Guardian revealed that victims are ordered to repay the government the costs of their repatriation.’

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The Guardian, 11th January 2017

Source: www.guardian.co.uk

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Court orders exemplary damages in fundamental dishonesty case – Litigation Futures

Posted January 11th, 2017 in accidents, costs, damages, fraud, insurance, judges, news, road traffic by sally

‘A district judge in Manchester has made an award of exemplary damages after finding road traffic accident claimants guilty of bringing fundamentally dishonest claims.’

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Litigation Futures, 10th January 2017

Source: www.litigationfutures.com

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Court of Appeal to refer City law firm to SRA and DPP after revoking £500,000 costs order – Legal Futures

‘The criminal division of the Court of Appeal has taken the unusual step of announcing its intention to refer a City law firm to the Solicitors Regulation Authority.’

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Legal Futures, 11th January 2017

Source: www.legalfutures.co.uk

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Leases, tribunals and contractual costs – Nearly Legal

Posted January 10th, 2017 in costs, landlord & tenant, leases, news, service charges, tribunals by sally

‘The vexed issues of costs in service charge disputes rumble on. Willow Court Management Company (1985) Ltd v Alexander [2016] UKUT 0290 (LC) (our note) set out guidance for how and when rule 13 costs awards will be engaged and awarded in the First Tier Tribunal (for unreasonable conduct). But in this case, the landlord had been awarded 20% of their costs under a Rue 13 decision, but then sought to recover the full costs under a contractual entitlement to costs of an enforcement action under the lease, and sort the FTT’s determination of those as a variable administration charge.’

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Nearly Legal, 9th January 2017

Source: www.nearlylegal.co.uk

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Section 40: Will the press be forced to pay the costs in court cases – even if they win? – The Independent

Posted January 9th, 2017 in consultations, costs, freedom of expression, media, news, privacy by sally

‘The Big Question: Are press reforms needed in the wake of the phone hacking scandal, or will they prove financially ruinous to some outlets?’

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The Independent, 9th January 2017

Source: www.independent.co.uk

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Tales of the private sector – Nearly Legal

‘A collation of cases and stories from the private sector, and a series of reminders that a database of rogue landlords, and indeed banning orders, can’t come soon enough.’

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Nearly Legal, 8th January 2017

Source: www.nearlylegal.co.uk

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Unreasonable defendant must face costs consequences – Law Society’s Gazette

Posted January 4th, 2017 in budgets, costs, indemnities, news, proportionality by tracey

‘The High Court has sent another warning message to litigants that they should expect to face costs penalties for unreasonable conduct. In Barkhuysen v Hamilton, published just before Christmas, Mr Justice Warby said the claimant was entitled to more than budgeted costs due to how the case was handled.’

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Law Society’s Gazette, 4th January 2017

Source: www.lawgazette.co.uk

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Making newspapers pay legal costs for libel cases even if they win is ’eminently fair’, says Max Mosley – The Independent

Posted January 4th, 2017 in costs, defamation, media, news by tracey

‘Proposals which could see newspapers forced to pay their opponents’ legal costs even if they win in court are “eminently fair”, according to Max Mosley.’

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The Independent, 3rd January 2017

Source; www.independent.co.uk

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Gangmasters agree to pay more than £1m to settle modern slavery claim – The Guardian

‘A Kent-based gangmaster couple have agreed to a landmark settlement worth more than £1m in compensation and legal costs for a group of migrants who were trafficked to work on farms producing eggs for high street brands.’

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The Guardian, 20th December 2016

Source; www.guardian.co.uk

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Human cannonball stunt death boss gets community service – BBC News

Posted December 20th, 2016 in accidents, community service, costs, fines, health & safety, news, sentencing by tracey

‘The organiser of a daredevil stunt show in which a “human cannonball” died has been given a 12-month community order and his firm fined £100,000.’

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BBC News, 20th December 2016

Source: www.bbc.co.uk

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Gangmasters agree payout worth more than £1m to settle modern slavery claim – The Guardian

Posted December 20th, 2016 in compensation, costs, gangmasters, news, trafficking in human beings by sally

‘A Kent-based gangmaster couple have agreed to a landmark settlement worth more than £1m in compensation and legal costs for a group of migrants who were trafficked to work on farms producing eggs for high street brands.’

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The Guardian, 20th December 2016

Source: www.guardian.co.uk

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Mail pays out £150,000 to Muslim family over Katie Hopkins column – The Guardian

Posted December 20th, 2016 in compensation, costs, Islam, media, news by sally

‘Mail Online has been forced to pay out £150,000 to a British Muslim family over a Katie Hopkins column which falsely accused them of extremism.’

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The Guardian, 19th December 2016

Source: www.guardian.co.uk

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Incurred costs do not need to be contested at first CMC, rule committee says – Litigation Futures

Posted December 19th, 2016 in case management, civil procedure rules, costs, news by sally

‘The cost budgeting rules are to be amended to make it clear that the case management hearing is not the forum to debate incurred costs.’

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Litigation Futures, 16th December 2016

Source: www.litigationfutures.com

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Application for Permission to Bring Contempt Proceedings: A Useful Illustration (Aviva IInsurance Ltd V Randive) – Zenith PI Blog

Posted December 19th, 2016 in contempt of court, costs, damages, news, personal injuries, road traffic by sally

‘In Aviva Insurance Ltd v Randive [2016] EWHC 3152 (QB). Slade J dealt with the Applicant’s application for permission to bring contempt proceedings against the Respondent. No new points of principle arise, but Slade J’s recitation of the existing principles and treatment of the issues in the case is a useful indication of how common RTA issues are treated in contempt proceedings.’

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Zenith PI Blog, 15th December 2016

Source: www.zenithpi.wordpress.com

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