Judicial Review: Case Update – No. 5 Chambers

Posted December 18th, 2014 in costs, dispute resolution, judicial review, news by sally

‘In this paper, I will review two cases from earlier this year. The first case discusses the issue of costs and what may be considered to be an unreasonable refusal to engage in Alternative Dispute Resolution ( ADR) or not. The second case examines the scope and implications of an order that an application for permission to judicial review is totally without merit.’

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No. 5 Chambers, 15th December 2014

Source: www.no5.com

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Recovering Inquest Costs in Civil Proceedings – Zenith PI Blog

Posted December 17th, 2014 in costs, damages, disclosure, inquests, legal representation, murder, news, proportionality by sally

The Senior Court Cost Office has handed down a decision in the above case offering additional guidance as to when and what costs of attending an inquest can be recovered in subsequent civil proceedings.

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Zenith PI Blog, 17th December 2014

Source: www.zenithpi.wordpress.com

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QASA barristers in last throw of the dice with appeal to Supreme Court – Legal Futures

‘Four criminal law barristers have appealed to the Supreme Court in their judicial review of the Quality Assurance Scheme for Advocates (QASA) – despite a costs bill which already totals £215,000, Legal Futures can reveal.’

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Legal Futures, 17th December 2014

Source: www.legalfutures.co.uk

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Grandmother poisons sister’s artichokes in bitter feud – Daily Telegraph

Posted December 17th, 2014 in costs, criminal damage, families, food, news by sally

‘Gillian Leeden ordered to pay sister Lyndsey Glassett compensation after being found guilty of targeting Jerusalem artichokes with weed killer in Broxbourne, Hertfordshire.’

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Daily Telegraph, 17th December 2014

Source: www.telegraph.co.uk

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LCJ: why is the cost of legal services increasing, despite more competition? – Legal Futures

Posted December 16th, 2014 in arbitration, competition, costs, legal services, litigants in person, news, reports by tracey

‘“Steps must be taken” to find out why the cost of legal services is increasing, despite the changed market and “great number of providers”, the Lord Chief Justice, Lord Thomas, has said.’

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Legal Futures, 16th December 2014

Source: www.legalfutures.co.uk

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High Court judge bemoans “appalling” level of costs in insurance dispute – Litigation Futures

Posted December 12th, 2014 in civil procedure rules, costs, news, part 36 offers by sally

‘A case in which £7m in legal costs were racked up over a dispute worth £904,000 is “an appalling state of affairs which brings no credit to modern commercial litigation”, a High Court judge declared yesterday.’

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Litigation Futures, 12th December 2014

Source: www.litigationfutures.com

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Government blames High Court for denying mesothelioma victims damages uplift -

Posted December 12th, 2014 in costs, damages, industrial injuries, insurance, legal aid, news by sally

‘The High Court’s decision to block the abolition of recoverability for mesothelioma claims has denied victims the 10% uplift in damages they would otherwise have received, justice minister Lord Faulks has said.’

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Litgation Futures, 11th December 2014

Source: www.litigationfutures.com

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A stunning decision on litigation costs: Coventry v Lawrence – Legal Week

Posted December 11th, 2014 in appeals, costs, human rights, news, Supreme Court by sally

‘In a stunning decision, the Supreme Court has given an indication that the pre-Jackson costs regime may breach the rights of paying parties under the European Convention of Human Rights. The issue has the potential to affect all agreements signed under the pre-April 2013 costs regime.’

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Legal Week, 11th December 2014

Source: www.legalweek.com

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Litigation Trends Survey – Post Mitchell – New Law Journal

Posted December 11th, 2014 in costs, fees, law firms, news by sally

‘In the third NLJ / LSLA litigation trends survey, James Baxter reports on how firms and practitioners are seeking clarity post-Mitchell.’

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New Law Journal, 11th December 2014

Source: www.newlawjournal.co.uk

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The costs of intervening – Competition Bulletin from Blackstone Chambers

Posted December 11th, 2014 in appeals, competition, costs, news, telecommunications, tribunals by sally

‘There is an interesting little point on costs buried away in last week’s decision in the “Ethernet” disputes in the Competition Appeal Tribunal (see BT plc v Cable & Wireless Worldwide Plc and others [2014] CAT 20).’

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Competition Bulletin from Blackstone Chambers, 11th December 2014

Source: www.competitionbulletin.com

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Judicial reviews: a decision that’s best left to judges – The Guardian

‘The justice secretary wants to restrict access to judicial reviews, but judging the lawfulness of executive action should not be a matter for the executive.’

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The Guardian, 10th December 2014

Source: www.guardian.co.uk

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Peers continue JR resistance as Grayling admits misinforming MPs about changes – Litigation Futures

Posted December 10th, 2014 in bills, costs, judicial review, judiciary, news, parliament by sally

‘The House of Lords yesterday reinstated two of the three amendments it previously passed on the government’s judicial review reforms as it emerged that Lord Chancellor Chris Grayling had given MPs incorrect information over a key aspect of them last week.’

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Litigation Futures, 10th December 2014

Source: www.litigationfutures.com

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Saved by the Cap: Third Party Costs Order – RPC Professional and Financial Risks Blog

Posted December 8th, 2014 in accountants, costs, damages, insurance, news, third parties by sally

‘On 30 June 2014 judgment was handed down by Mrs Justice Rose in Swynson Limited v Lowick Rose LLP (in liquidation) [2014] EWHC 2085 (Ch). Rose J held that the Defendant, a firm of accountants, were liable but found that they owed no duty of care to the individual investor who had provided finance for a management buy-out. She awarded damages up to the liability cap of £15million inclusive of interest and costs, on the basis that the liability cap set out in the engagement letter reflected the commercial agreement reached by the parties.’

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RPC Professional and Financial Risks Blog, 4th December 2014

Source: www.rpc.co.uk

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Finance & Divorce Update – Family Law Week

Posted December 8th, 2014 in children, costs, divorce, foreign jurisdictions, legal aid, litigants in person, news by sally

‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during November.’

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Family Law Week, 5th December 2014

Source: www.familylawweek.co.uk

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Judge issues ultimatum after ‘absurd’ £1.3m family dispute – Law Society’s Gazette

Posted December 8th, 2014 in costs, dispute resolution, documents, family courts, news by sally

‘A judge has taken the unusual step of removing most case documents from court and giving partners a final ultimatum to settle their separation dispute.’

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Law Society’s Gazette,

Source: www.lawgazette.co.uk

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Venn v Secretary of State for Communities and Local Government and others – WLR Daily

Posted December 4th, 2014 in appeals, civil procedure rules, costs, news, treaties by sally

Venn v Secretary of State for Communities and Local Government and others [2014] EWCA Civ 1539; [2014] WLR (D) 513

‘Where a case fell within article 9(3) of the Aarhus Convention but was not a claim for judicial review and therefore not an “Aarhus Convention claim” within CPR r 45.41 it would be inappropriate for the court to relax the usual principles applying to the making of protective costs orders by nevertheless applying the costs protection regime introduced by rule 45.41.’

WLR Daily, 27th November 2014

Source: www.iclr.co.uk

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Costs, Confusion and Compromise – Keynote Address of Mr Justice Foskett

Posted December 4th, 2014 in arbitration, costs, fees, judges, limitations, news, speeches by sally

Costs, Confusion and Compromise (PDF)

Keynote Address of Mr Justice Foskett

Professional Negligence Lawyers’ Association Annual Conference, 4th December 2014

Source: www.judiciary.gov.uk

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Court of Protection judge hits out at expense of cases costing £9,000 a month – Local Government Lawyer

Posted December 4th, 2014 in costs, Court of Protection, judges, news by sally

‘A judge has sharply criticised the delay and expense of proceedings in the Court of Protection, describing the relevant procedural rules as “inadequate”.’

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Local Government Lawyer, 2nd December 2014

Source: www.localgovernmentlawyer.co.uk

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Why domestic Aarhus rules are not wide enough to comply with the Convention – UK Human Rights Blog

‘Back to Aarhus and the constant problem we have in the UK making sure that the cost of planning and environmental litigation is not prohibitively expensive.’

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UK Human Rights Blog, 1st December 2014

Source: www.ukhumanrightsblog.com

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Andrew Mitchell loses Plebgate libel trial – The Guardian

Posted November 28th, 2014 in closed circuit television, costs, defamation, news, parliament, police by sally

‘Andrew Mitchell, the Tory MP and former cabinet minister at the centre of the Plebgate row lost his high court libel trial on Thursday in a ruling which sees him facing a legal bill of millions of pounds and leaves his political career in tatters.’

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The Guardian, 27th November 2014

Source: www.guardian.co.uk

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