You don’t just walk away – NearlyLegal

Posted April 22nd, 2014 in costs, housing, landlord & tenant, leases, news, tribunals by sally

‘R (Twelve Baytree Ltd) v Rent Assessment Committee [2014] EWHC 1129 (Admin) is that rare beast – a judicial review of the LVT (as it was; FTT(PC) as it is now). It concerns how you withdraw a Right to Manage claim. I confess, when I first heard about this case, I had thought it would be more interesting than it has turned out to be.’

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NearlyLegal, 20th April 2014

Source: www.nearlylegal.co.uk

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Higher value commercial court cases will not be brought into costs regime retrospectively, says rule committee – OUT-LAW.com

Posted April 17th, 2014 in civil procedure rules, Commercial Court, costs, courts, news by tracey

‘Higher value cases raised in the commercial court will not be brought into the civil court costs regime retrospectively when the regime is extended to catch claims worth up to £10 million next week, the Civil Procedure Rules Committee (CPRC) has said.’

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OUT-LAW.com, 17th April 2014

Source: www.out-law.com

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Kershaw v Roberts and another – WLR Daily

Posted April 15th, 2014 in budgets, case management, civil procedure rules, costs, law reports by tracey

Kershaw v Roberts and another: [2014] EWHC 1037 (Ch);   [2014] WLR (D)  168

‘Claims issued under CPR Pt 8 were not automatically allocated to the multi-track with the result that the provisions of CPR Pt 29 and the costs management provisions in section II of CPR Pt 3 were of no application unless and until the claim had been allocated to the multi-track by the procedural judge considering the claim.’

WLR Daily, 10th April 2014

Source: www.iclr.co.uk

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Rule committee allays concern over unintended consequences of costs budgeting extension – Litigation Futures

Posted April 15th, 2014 in budgets, civil procedure rules, costs, news by tracey

‘The Civil Procedure Rule Committee (CPRC) has reassured litigators that the new version of the costs management rule coming into force on 22 April will not accidentally catch Commercial Court and other Rolls Building cases being brought into the regime retrospectively.’

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Litigation Futures, 14th April 2014

Source: www.litigationfutures.com

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First hearing not a case management conference, says High Court – Law Society’s Gazette

Posted April 15th, 2014 in budgets, case management, civil procedure rules, costs, news, trials by tracey

‘A claimant has failed in a High Court Mitchell bid to argue that an initial hearing amounted to a case management conference (CMC) and should be subject to budgeting rules.’

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Law Society’s Gazette, 14th April 2014

Source: www.lawgazette.co.uk

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Disrepair: La luta continua! – NearlyLegal

Posted April 14th, 2014 in children, costs, damages, fees, landlord & tenant, legal aid, news, rent, repairs by sally

’2013 was a difficult year for claimant disrepair. Changes in legal aid funding have made it all but impossible to pursue a disrepair claim under legal aid alone, as funding is only available for an order to carry out repairs to where there is serious risk to health or well being of the tenant or other occupiers, and not for further repairs or the damages claim (although full funding remains for a counterclaim to a possession claim, which can be brought after the possession order).’

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NearlyLegal, 13th April 2014

Source: www.nearlylegal.co.uk

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Small claims courts ‘failing the public’ – Daily Telegraph

Posted April 11th, 2014 in costs, delay, news, small claims by sally

‘Increasing costs and lengthy delays before hearings are causing people to shun small claims courts.’

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Daily Telegraph, 11th April 2014

Source: www.telegraph.co.uk

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Colin Kazim-Richards guilty of homophobic gesture at Brighton fans – The Guardian

Posted April 10th, 2014 in costs, fines, freedom of expression, homosexuality, news, obesity, sport by sally

‘The former Premier League footballer Colin Kazim-Richards was found guilty in a landmark case on Wednesday of making an “utterly disgusting” homophobic gesture at Brighton and Hove Albion fans during a football match last year.’

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The Guardian, 9th April 2014

Source: www.guardian.co.uk

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Asylum-seeker subsistence payments defeat for government in high court – The Guardian

Posted April 10th, 2014 in asylum, benefits, costs, news, social security by sally

‘The home secretary, Theresa May, has been ordered to review the level of benefits paid to asylum seekers after the high court ruled that she acted unlawfully in freezing essential living needs payments.’

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The Guardian, 9th April 2014

Source: www.guardian.co.uk

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Controlling the process: a practical view from the Bar – Littleton Chambers

Posted April 8th, 2014 in case management, civil procedure rules, costs, news, sanctions by sally

‘Alongside the continued wave of decisions on relief from sanctions applications, a few decisions are
now coming through that reflect the general shift in approaches to case management that many
practitioners may have encountered for themselves.’

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Littleton Chambers, 2nd April 2014

Source: www.littletonchambers.com

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Man kills wife’s pet ram in bitter divorce battle – Daily Telegraph

Posted April 8th, 2014 in animals, costs, divorce, financial provision, jurisdiction, news by sally

‘Husband who put to death wife’s pet ram is ordered to pay her £170,000 a year.’

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Daily Telegraph, 8th April 2014

Source: www.telegraph.co.uk

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London litigators lament post-Mitchell “game playing” – Litigation Futures

Posted April 4th, 2014 in budgets, case management, costs, law firms, news by sally

‘The rigidity introduced by the Mitchell judgment has fractured co-operation between solicitors, while costs budgeting has driven up law firms’ costs, according to a survey of civil litigators.’

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Litigation Futures, 4th April 2014

Source: www.litigationfutures.com

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UK’s first drone conviction will bankrupt me, says Cumbrian man – The Guardian

Posted April 3rd, 2014 in aircraft, costs, fines, news by tracey

‘A TV-repair shop owner who has become the first person convicted in the UK for “dangerously” flying a drone says the fine and legal costs will bankrupt him.’

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The Guardian, 2nd April 2014

Source: www.guardian.co.uk

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Legal aid cuts: six lawyers on why they will damage our justice system – The Guardian

‘Why have lawyers taken to the streets to protest against legal aid cuts? Self-interest or because they care about the havoc they see being wrought on our legal system?’

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The Guardian, 1st April 2014

Source: www.guardian.co.uk

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Rule committee sets the date for costs budgeting expansion – Litigation Futures

Posted March 27th, 2014 in budgets, civil procedure rules, costs, news by tracey

‘The extended costs budgeting regime for all multi-track cases worth up to £10m will come into force on 22 April, it was confirmed today.’

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Litigation Futures, 27th March 2014

Source: www.litigationfutures.com

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Relief from sanctions application is not a “free ride” for other side to oppose, judge warns – Litigation Futures

Posted March 27th, 2014 in civil procedure rules, costs, news, sanctions by tracey

‘Parties opposing applications for relief from sanctions should not assume that they are going to get a “free costs ride” in opposing them, a High Court judge has warned.’

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Litigation Futures, 27th March 2014

Source: www.litigationfutures.com

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Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust – WLR Daily

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust [2014] EWHC 168 (QB); [2014] WLR (D) 141

‘The termination of a solicitor’s actual authority by reason of a client’s supervening mental incapacity did not, it itself, automatically frustrate the underlying contract of retainer.’

WLR Daily, 5th February 2014

Source: www.iclr.co.uk

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English civil court reforms “inconsistent, time-consuming and costly”, says Law Society – OUT-LAW.com

Posted March 21st, 2014 in civil procedure rules, costs, Law Society, news, solicitors by sally

‘Civil courts in England and Wales are increasingly valuing “administration over access to justice” since wide-ranging reforms to procedures and costs came into force last year, the Law Society has claimed.’

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OUT-LAW.com, 20th March 2014

Source: www.out-law.com

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Judge condemns former Miss Malaysia’s divorce bill – Daily Telegraph

Posted March 21st, 2014 in choice of forum, costs, divorce, news by sally

A former beauty queen is seeking Britain’s biggest ever divorce payout of £500 million and is running up ‘eye-watering’ legal costs to have the case heard in London

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Daily Telegraph, 20th March 2014

Source: www.telegraph.co.uk

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Worthing Birdman contestant Steve Elkins told to pay £20,000 costs – BBC News

Posted March 21st, 2014 in costs, news, sport by sally

‘A competitor in the Worthing Birdman competition in West Sussex has been ordered to pay £20,000 in legal costs following a lengthy battle with the organisers.’

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BBC News, 20th March 2014

Source: www.bbc.co.uk

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