Is the defendant worth suing? – Hardwicke Chambers

Posted March 31st, 2015 in civil procedure rules, costs, insurance, negligence, news, regulations by sally

‘“You can’t get blood out of a stone”. “There’s no point in throwing good money after bad”. Many will have found themselves using clichés when advising a claimant where the defendant’s ability to meet any future award is very much in doubt. In professional negligence claims the normal expectation is that the defendant will have professional indemnity insurance cover that will meet any claim, but how can one be sure? And even if there is cover can one find out the level of that cover?’

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Hardwicke Chambers, 24th March 2015

Source: www.hardwicke.co.uk

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Court charge of up to £1,200 for criminals revealed – BBC News

Posted March 27th, 2015 in costs, fines, guilty pleas, news, trials by sally

‘Convicted criminals in England and Wales will have to pay up to £1,200 towards the cost of their court case under new rules, it has been revealed.’

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BBC News, 27th March 2015

Source: www.bbc.co.uk

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Cheating Premier League footballer at centre of one-night stand blackmail plot should be named, says judge – Daily Telegraph

Posted March 26th, 2015 in anonymity, appeals, blackmail, costs, injunctions, news by sally

‘Justice Warby rules an anonymity order protecting a wealthy well-known defender who had a one-night stand despite having a long term partner and child should be lifted.’

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Daily Telegraph, 25th March 2015

Source: www.telegraph.co.uk

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Taunton street preacher convicted for homophobic sermon – BBC News

‘A Christian street preacher has been convicted of delivering homophobic sermons in the middle of a high street.’

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BBC News, 23rd March 2015

Source: www.bbc.co.uk

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Regina (Chaudhary) v Crown Court at Bristol and another – WLR Daily

Posted March 23rd, 2015 in costs, criminal procedure, judicial review, law reports by sally

Regina (Chaudhary) v Crown Court at Bristol and another [2015] EWHC 723 (Admin); [2015] WLR (D) 131

‘The legislative changes effected by the introduction of the Criminal Procedure Rules revoked the Crown Court Rules 1982 in so far as they related to an award of costs in criminal cases in the Crown Court. Accordingly, there was no power under rule 12 of the Crown Court Rules enabling the Crown Court to make an order for costs in relation to an application under section 59 of the Criminal Justice and Police Act 2001 for the return of items seized pursuant to a search warrant.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

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High Court: Judges should do “broad justice” when attributing costs between cases – Litigation Futures

Posted March 23rd, 2015 in costs, negligence, news by sally

‘Judges should be content to do “broad justice” when making costs orders to avoid “complicated attempts” to attribute them between a number of cases, the High Court has ruled.’

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Litigation Futures, 23rd March 2015

Source: www.litigationfutures.com

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No evidence of regulatory risks from online divorce, research finds – Legal Futures

‘There is no evidence of online divorce leading to regulatory risks, joint research by the Legal Services Board (LSB) and Legal Services Consumer Panel has concluded.’

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Legal Futures, 19th March 2015

Source: www.legalfutures.co.uk

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Dalton and others v British Telecommunications plc – WLR Daily

Posted March 20th, 2015 in costs, fees, news, noise, personal injuries by tracey

Dalton and others v British Telecommunications plc; [2015] EWHC 616 (QB); [2015] WLR (D) 125

‘The term “disease” in section V of the former CPR Pt 45 included any illness (whether physical or physiological), disorder, ailment, affliction, complaint, malady or derangement other than a physical or physiological injury solely caused by an accident or other similar single event.’

WLR Daily, 13th March 2015

Source: www.iclr.co.uk

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Unlocking the Funds for Justice – Pro Bono Costs – Family Law Week

Posted March 19th, 2015 in costs, legal aid, litigants in person, news, pro bono work by sally

‘Cyrus Larizadeh, barrister of 4 Paper Buildings and Senate House Chambers, explains the costs issues which arise where an advocate, acting pro bono, represents a successful party in care and/or placement proceedings.’

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Family Law Week, 16th March 2015

Source: www.familylawweek.co.uk

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Burglar who sued prison for back injuries caught carrying stolen widescreen TV – Daily Telegraph

Posted March 19th, 2015 in compensation, costs, news, personal injuries, prisons, theft by sally

‘Judge rules HMP Manchester still has to pay Ryan Hough nearly £3,000 compensation for bunk bed fall despite burglar being caught taking TV in raid on fire-hit home.’

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Daily Telegraph, 18th March 2015

Source: www.telegraph.co.uk

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Personal injury Newsletter – Thirty Nine Essex Street

Posted March 19th, 2015 in asbestos, costs, damages, news, personal injuries, vicarious liability by sally

Personal Injury Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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Group M UK Ltd v Cabinet Office – Henderson Chambers

‘The Technology and Construction Court has reiterated that, in considering whether to lift the statutory suspension of the placing of a public contract following a challenge by an unsuccessful tenderer, it will apply the American Cyanamid principles, as those principles are consistent with the requirements of Directive 2007/66/EC on the award of public contracts.’

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Henderson Chambers, 17th March 2015

Source: www.hendersonchambers.co.uk

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The continuing problem of recovering the cost of improvements from leaseholders – Hardwicke Chambers

Posted March 17th, 2015 in costs, landlord & tenant, leases, local government, news, repairs by sally

‘The distinction between a repair and an improvement when a landlord carries out works to a property is often problematic. The volume and age of reported cases on this point shows this is not a recent problem.’

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Hardwicke Chambers, 9th March 2015

Source: www.hardwicke.co.uk

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The new Part 36 – Hardwicke Chambers

Posted March 17th, 2015 in budgets, civil procedure rules, costs, news by sally

‘From 6 April 2015, the structure of Part 36 will change and a number of new rules are to be introduced. This is the most fundamental change in the Part 36 rules for many years.’

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Hardwicke Chambers, 20th January 2015

Source: www.hardwicke.co.uk

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Hydrotherapy in the home – Cloisters

Posted March 17th, 2015 in birth, costs, damages, disabled persons, news, proportionality by sally

‘In the recent case of A (A Child) v University Hospitals of Morecambe Bay NHS Foundation Trust [2015] EWHC 366 (QB) the claimant was awarded the cost of installing a hydrotherapy pool in her home. Here we look at the circumstances in which a defendant will be ordered to pay such expensive costs.’

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Cloisters, 9th March 2015

Source: www.cloisters.com

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Civil litigation: indemnity costs – Law Society’s Gazette

Posted March 17th, 2015 in civil justice, costs, indemnities, news by sally

‘The recent case of Siegel v Pummell [2015] EWHC 195 (QB) demonstrates judicial willingness to make a costs order on the indemnity basis where circumstances exist which justify such an order being made.’

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Law Society’s Gazette, 16th March 2015

Source: www.lawgazette.co.uk

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Judge criticises insurer bid to cut costs by reclassifying noise-induced hearing loss – Litigation Futures

‘A High Court judge has criticised the insurance industry over a failed attempt to have noise-induced hearing loss (NIHL) reclassified as an injury rather than a disease, in a bid to reduce the level of pre-Jackson success fees defendants would have to pay.’

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Litigation Futures, 16th March 2015

Source: www.litigationfutures.com

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Court of Appeal gives local authority Aarhus costs protection over HS2 challenge – Local Government Lawyer

‘A local authority is entitled to the costs protection conferred on claimants in Aarhus Convention claims, the Court of Appeal has ruled.’

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Local Government Lawyer, 13th March 2015

Source: www.localgovernmentlawyer.co.uk

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The death of Mr Pig and the truth about the RSPCA – Daily Telegraph

Posted March 16th, 2015 in animal cruelty, animals, charities, costs, news, prosecutions by sally

‘The decision to destroy a beloved pet suggests that the animal protection charity has lost its way.’

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Daily Telegraph, 14th March 2015

Source: www.telegraph.co.uk

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NHS trust ordered to pay nearly £20,000 over dermatitis failings – Local Government Lawyer

Posted March 11th, 2015 in costs, fines, health, health & safety, hospitals, news by tracey

‘An NHS trust in Cornwall has been ordered to pay nearly £20,000 in fines and costs over failings in its approach to dealing with dermatitis. The Health & Safety Executive prosecuted the Royal Cornwall Hospitals NHS Trust following an investigation that found 23 cases of dermatitis – occurring between 2007 and 2012 – had not been reported to it as is required by the law.’

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Local Government Lawyer, 9th March 2015

Source: www.localgovernmentlawyer.co.uk

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