Case of conflicting CPR provisions “highlight concerns over fixed costs extension” – Litigation Futures

‘A recent ruling caused by “shoddy” drafting of the CPR highlights the importance of any extension of fixed costs being accompanied by “a well-drafted and fully integrated set of procedural rules”, a costs specialist has warned.’

Full story

Litigation Futures, 23rd February 2017

Source: www.litigationfutures.com

Comments Off on Case of conflicting CPR provisions “highlight concerns over fixed costs extension” – Litigation Futures

A Final Costs Order is Just That – Zenith PI Blog

Posted February 23rd, 2017 in civil procedure rules, costs, news by sally

‘CPR r.3.1(7) gives the court a general power to vary or revoke an order, but does this extend to a final order?’

Full story

Zenith PI Blog, 23rd February 2017

Source: www.zenithpi.wordpress.com

Comments Off on A Final Costs Order is Just That – Zenith PI Blog

Rise of third party funding: a growing international consensus – Hardwicke Chambers

Posted February 22nd, 2017 in arbitration, costs, foreign jurisdictions, international law, news, third parties by sally

‘Whatever your opinion on the ethical implications of third party funding in international arbitration, the past six months have seen two firm nods in its favour. These have signaled that, as a method of financing arbitration, it is here to stay.’

Full story

Hardwicke Chambers, 25th January 2017

Source: www.hardwicke.co.uk

Comments Off on Rise of third party funding: a growing international consensus – Hardwicke Chambers

Jackson watch: fixed recoverable costs review – New Law Journal

Posted February 22nd, 2017 in budgets, costs, damages, negligence, news, personal injuries, proportionality by sally

‘David Pilling records the contributions & discussion points from Jackson LJ’s Manchester roadshow.’

Full story

New Law Journal, 21st February 2017

Source: www.newlawjournal.co.uk

Comments Off on Jackson watch: fixed recoverable costs review – New Law Journal

Costs judge issues strong proportionality warning over need to plan cases – Litigation Futures

‘A costs judge has emphasised the need for solicitors to plan their litigation so as to ensure that their costs are proportionate, after slashing a £72,000 bill for a low-value clinical negligence case by two-thirds.’

Full story

Litigation Futures, 22nd February 2017

Source: www.litigationfutures.com

Comments Off on Costs judge issues strong proportionality warning over need to plan cases – Litigation Futures

Confidentiality, Costs and Mediation – Garden Court Chambers

‘That mediation proceedings are confidential is taken as axiomatic. What is said and done in the course of a mediation remains there. The same goes for documents of whatever kind, and their contents, created for the purposes of the mediation. In the above case Master Howarth appears to have qualified these propositions to some extent.’

Full story

Garden Court Chambers, 31st January 2017

Source: www.gardencourtmediation.co.uk

Comments Off on Confidentiality, Costs and Mediation – Garden Court Chambers

Getting to grips with proportionality and additional liabilities – Litigation Futures

Posted February 22nd, 2017 in costs, news, practice directions, proportionality by sally

‘Before the Jackson reforms, the relationship between proportionality and additional liabilities was clearly defined. Section 11 of the Costs Practice Direction in force before 1 April 2013 provided:

“11.5 In deciding whether the costs claimed are reasonable and (on a standard basis assessment) proportionate, the court will consider the amount of any additional liability separately from the base costs…

“11.9 A percentage increase will not be reduced simply on the ground that, when added to base costs, which are reasonable and (where relevant) proportionate, the total appears disproportionate.”’

Full story

Litigation Futures, 22nd February 2017

Source: www.litigationfutures.com

Comments Off on Getting to grips with proportionality and additional liabilities – Litigation Futures

Health and safety: Do higher fines and tougher enforcement make for more appeals? – OUT-LAW.com

‘The introduction of the Definitive Sentencing Guideline for Health and Safety, Corporate Manslaughter and Food Safety and Hygiene Offences in February 2016 has resulted in a huge shift in the punishment of safety offences.’

Full story

OUT-LAW.com, 21st February 2017

Source: www.out-law.com

Comments Off on Health and safety: Do higher fines and tougher enforcement make for more appeals? – OUT-LAW.com

Whole of split bill, less additional liabilities, subject to proportionality test, rules regional costs judge – Litigation Futures

Posted February 21st, 2017 in budgets, costs, news, proportionality by sally

‘A court faced with a bill of costs that straddles the Jackson reforms should consider both the pre and post April 2013 costs when deciding whether it is proportionate, but ignore any additional liabilities, a regional costs judge has ruled.’

Full story

Litigation Futures, 20th February 2017

Source: www.litigationfutures.com

Comments Off on Whole of split bill, less additional liabilities, subject to proportionality test, rules regional costs judge – Litigation Futures

Family judge condemns 2,000-page bundle – Law Society’s Gazette

‘A family judge has expressed his disapproval at the ‘unwarranted expenditure’ in a case where a local authority breached Article 8 rights under the European Convention on Human Rights by taking an infant into care.’

Full story

Law Society’s Gazette, 17th February 2017

Source: www.lawgazette.co.uk

Comments Off on Family judge condemns 2,000-page bundle – Law Society’s Gazette

“Irrevocable undertaking” to pay adverse costs not enough to defeat security application – Litigation Futures

Posted February 20th, 2017 in costs, indemnities, insurance, news, undertakings by sally

‘An irrevocable undertaking by a claimant company’s owner to pay adverse costs is not equivalent to after-the-event (ATE) insurance and so not enough to defeat an application for security for costs, the High Court has ruled.’

Full story

Litigation Futures, 20th February 2017

Source: www.litigationfutures.com

Comments Off on “Irrevocable undertaking” to pay adverse costs not enough to defeat security application – Litigation Futures

Newsletter, Winter 2017 – Falcon Chambers

Posted February 17th, 2017 in costs, land registration, leases, mortgages, news, restrictive covenants by sally

Articles include:
Restrictive Covenants and Building Schemes Just Like Buses p.7
Land Registration and the Service of Notices: mind the gap p.10
Forks & Spades; Leases & Licences; Possession & Occupation p.14
Recovering Costs in the First-tier Tribunal (Property Chamber) p. 16

Newsletter (PDF)

Falcon Chambers, Winter 2017

Source: www.falcon-chambers.com

Comments Off on Newsletter, Winter 2017 – Falcon Chambers

Brexit & currency flip-flops in court – New Law Journal

Posted February 17th, 2017 in costs, EC law, news, referendums by sally

‘Francis Kendall considers the impact of the falling pound on costs awards to European litigants.’

Full story

New Law Journal, 16th February 2017

Source: www.newlawjournal.co.uk

Comments Off on Brexit & currency flip-flops in court – New Law Journal

Budget does not replace detailed assessment, says another regional costs judge – Litigation Futures

Posted February 17th, 2017 in budgets, costs, news by sally

‘A second regional costs judge has ruled that an approved budget does not hinder a detailed assessment, but also called on the higher courts or the rule committee to give a definitive view.’

Full story

Litigation Futures, 16th February 2017

Source: www.litigationfutures.com

Comments Off on Budget does not replace detailed assessment, says another regional costs judge – Litigation Futures

The OCENSA Pipeline Group Litigation: costs in group litigation – Henderson Chambers

Posted February 17th, 2017 in costs, indemnities, news by sally

‘On 21 December 2016, Mr Justice Stuart-Smith gave judgment in relation to the costs issues arising out of the OCENSA Pipeline Group Limitation (Arroyo v Equion Energia Limited [2016] EWHC 3348 (TCC)). This judgment followed the very lengthy judgment ([2016] EWHC 1699 (TCC)) given on 27 July 2016, in which he dismissed, on the facts and on the law, 4 Lead Claims.’

Full story (PDF)

Henderson Chambers, 20th January 2017

Source: www.hendersonchambers.co.uk

Comments Off on The OCENSA Pipeline Group Litigation: costs in group litigation – Henderson Chambers

New Untraced Drivers Agreement in force after 1st March 2017 – Park Square Barristers

‘If an injured person cannot identify the fault driver of another vehicle, this is the agreement which governs their rights to compensation. In many instances, this is because the accident was a classic “hit and run”; indeed the MIB have stated that 12% of accidents in which the accident was reported to the police and a person was injured were such “hit and run accidents”. (That statistic is not as significant as it would seem at first blush; the majority of relatively minor road traffic accidents are not reported to police; the reason that such accidents are reported is that the other vehicle has made off without stopping so to a certain extent it is a self-selecting criteria). No details of the fault vehicle or the driver tend to have been obtained or recorded so an injured person’s only option would be the Untraced Driver’s Agreement.’

Full story

Park Square Barristers, 8th February 2017

Source: www.parksquarebarristers.co.uk

Comments Off on New Untraced Drivers Agreement in force after 1st March 2017 – Park Square Barristers

Reeves v Young – Tanfield Chambers

Posted February 16th, 2017 in boundaries, costs, enforcement, estoppel, news, surveyors by sally

‘Third surveyors, the impartial arbiters of the party wall world, rarely feature prominently in party wall litigation. However, there have been two recent County Court cases in which the selection and purported removal of third surveyors has been considered by the Court, in both cases HHJ Bailey in the County Court at Central London.’

Full story

Tanfield Chambers, 2nd February 2017

Source: www.tanfieldchambers.co.uk

Comments Off on Reeves v Young – Tanfield Chambers

Lawyers unite in opposition to massive extension of fixed costs – Litigation Futures

Posted February 16th, 2017 in barristers, civil justice, costs, news, personal injuries by sally

‘Lawyers have united against the potential threat of a huge extension of fixed recoverable costs to all civil claims worth up to £250,000.’

Full story

Litigation Futures, 15th February 2017

Source: www.litigationfutures.com

Comments Off on Lawyers unite in opposition to massive extension of fixed costs – Litigation Futures

Tom Hickman: Public Law’s Disgrace – UK Constitutional Law Association

Posted February 13th, 2017 in costs, judicial review, legal aid, news by sally

‘What is the most important issue in public law? You might be forgiven for thinking it is the gradation of principles of substantive review, or the proper limits of judicial interventionism, or even the scope of residual prerogative powers. But you would be wrong.’

Full story

UK Constitutional Law Association, 9th February 2017

Source: www.ukconstitutionallaw.org

Comments Off on Tom Hickman: Public Law’s Disgrace – UK Constitutional Law Association

Service charges, contracts, social housing and subsidies – Nearly Legal

Posted February 13th, 2017 in costs, landlord & tenant, leases, local government, news, service charges, tribunals by sally

‘An interesting question. To what extent, if at all, can leaseholders’ service charges be set at a level to ‘subsidise’ a shortfall as against actual maintenance costs in service charges recoverable from social tenants in flats provided under a section 106 agreement.’

Full story

Nearly Legal, 12th February 2017

Source: www.nearlylegal.co.uk

Comments Off on Service charges, contracts, social housing and subsidies – Nearly Legal