Marley v Rawlings (No 2) – WLR Daily

Posted October 2nd, 2014 in appeals, costs, fees, law reports, mistake, rectification, solicitors, Supreme Court, wills by tracey

Marley v Rawlings (No 2); [2014] UKSC 51; [2014] WLR (D) 402

‘Where a mistake made by a solicitor in the execution of a will required its validity to be determined in litigation, funded in the High Court and the Court of Appeal on a traditional basis and in the Supreme Court under contingency fee agreements, the proper order for costs in the High Court and the Court of Appeal was that the solicitor’s insurers should pay the costs of both the successful claimant and the unsuccessful defendants, thereby short-circuiting the approach that, on a reasonable, but unsuccessful, challenge to the validity of a will, the costs should be borne by the estate.’

WLR Daily, 18th September 2014

Source: www.iclr.co.uk

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Speech by Lord Justice Jackson: Costs Law and Practice Conference – Judiciary of England and Wales

Posted October 1st, 2014 in civil justice, costs, patents, personal injuries, speeches by tracey

‘Keynote speech by Lord Justice Jackson at the Costs Law And Practice Conference on 30th September 2014.’

Full speech

Judiciary of England and Wales, 30th September 2014

Source: www.judiciary.gov.uk

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Treasury ordered to pay £142,000 to ‘whistleblower’ former civil servant – The Guardian

‘The Treasury has been ordered to pay £142,000 to a former senior civil servant after refusing to carry out a previous tribunal’s ruling that he should be found another job.’

Full story

The Guardian, 29th September 2014

Source: www.guardian.co.uk

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Part 36: All change please – Hardwicke Chambers

Posted September 24th, 2014 in appeals, civil procedure rules, costs, indemnities, news by sally

‘Just when you thought you had got to grips with the updated Part 36 rules and post Jackson benefits, the Civil Procedure Rule Committee announced it was considering reforms to Part 36.’

Full story

Hardwicke Chambers, 15th September 2014

Source: www.hardwicke.co.uk

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Spousal Maintenance: How appealing is an appeal? Appeal Cost consequences explored – Zenith Chambers

Posted September 24th, 2014 in appeals, costs, families, married persons, news by sally

‘In H v W [2014] EWHC 2846 (Fam) Eleanor King J revisited the issue of costs.’

Full story (PDF)

Zenith Chambers, 22nd September 2014

Source: www.zenithchambers.co.uk

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Developments in fundamental dishonesty – Hardwicke Chambers

Posted September 24th, 2014 in bills, costs, criminal justice, damages, medical treatment, news, personal injuries by sally

‘Personal injury practitioners will be aware of the significance of a finding of fundamental dishonesty in the context of Qualified One-Way Costs Shifting (“QoCs”) following the implementation of the Jackson reforms. In addition to this those words could soon take on a new significance in the context of a defendant’s liability to a claimant and consequent costs orders in personal injury claims.’

Full story

Hardwicke Chambers, 15th September 2014

Source: www.hardwicke.co.uk

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Proposed Legislative Changes To Judicial Review: The Current Position – No. 5 Chambers

Posted September 24th, 2014 in bills, costs, criminal justice, human rights, judicial review, news, public interest by sally

‘The Criminal Justice and Courts Bill, which introduces significant changes to judicial review, is making rapid progress through Parliament. The House of Lords Committee stage completed on 30 July 2014 and all that remains now is the House of Lords report stage due at the end of October, with royal assent expected by the end of the year. Whilst there are indications that certain members of the Lords disagree with some of the provisions and some may yet be amended or frustrated, the current version of the Bill retains the significant provisions on judicial review.’

Full story

No. 5 Chambers, 18th September 2014

Source: www.no5.com

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Bar Council publishes third representational annual report – The Bar Council

Posted September 22nd, 2014 in advocacy, barristers, budgets, costs, diversity, equality, fees, legal aid, news, reports by sally

‘The Bar Council, which represents barristers in England and Wales, has today published the third edition of its annual report, ‘Representing the Bar’, which focuses on the organisation’s representational activities and performance against key strategic aims for 2013-14.’

Full story

The Bar Council, 19th September 2014

Source: www.barcouncil.org.uk

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Supreme Court forces barristers to waive success fees – Litigation Futures

Posted September 22nd, 2014 in appeals, barristers, costs, fees, news, solicitors, Supreme Court, wills by sally

‘The president of the Supreme Court has taken the “fairly remarkable” course of forcing two barristers into dropping their claims to success fees in a case which he said again highlighted the “many unsatisfactory aspects” of the pre-Jackson CFA regime.’

Full story

Litigation Futures, 18th September 2014

Source: www.litigationfutures.com

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Insurer to bear costs of mirror wills mix-up – Law Society’s Gazette

Posted September 19th, 2014 in appeals, costs, insurance, mistake, news, rectification, solicitors, Supreme Court, wills by tracey

‘The Supreme Court today ordered a solicitor’s insurer to pay the bulk of both parties’ costs over a wills dispute arising when a married couple each signed the wrong draft of a will.’

Full story

Law Society’s Gazette, 18th September 2014

Source: www.lawgazette.co.uk

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Bar Council report claims LASPO 2012 damages access to justice – The Bar Council

Posted September 18th, 2014 in barristers, civil justice, costs, delay, family courts, legal aid, litigants in person, reports by tracey

‘The Bar Council has today published a report, based on interviews and a survey of legal practitioners, assessing the impact of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012 on our system of justice a year after implementation in April 2013.’

Full report

The Bar Council, 18th September 2014

Source: www.barcouncil.org.uk

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EastEnders star Steve McFadden settles News of the World damages claim – The Guardian

Posted September 16th, 2014 in corruption, costs, damages, interception, media, news, police, telecommunications by tracey

‘Steve McFadden, the actor who plays Phil Mitchell in EastEnders, has settled his damages claim against the News of the World and the police over hacking and leaks about his private life to the paper.’

Full story

The Guardian, 16th September 2014

Source: www.guardian.co.uk

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Jackson slaps down bid to introduce one-way costs-shifting in certain appeals – Litigation Futures

Posted September 16th, 2014 in appeals, civil procedure rules, costs, news by tracey

‘The Jackson reforms were not intended to give appeal courts the ad hoc power to introduce one-way costs shifting, their architect has ruled. Lord Justice Jackson said he wanted to clarify the purpose of rule 52.9A – introduced on 1 April 2013 – so as to prevent further applications along the same lines.’

Full story

Litigation Futures, 16th September 2014

Source: www.litigationfutures.com

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Former Times lawyer loses appeal against SDT – Law Society’s Gazette

‘A former legal director of Times Newspapers Ltd was guilty of “recklessly” rather than “knowingly” misleading the court in relation to litigation over revelations about the “NightJack” blogger, the High Court has ruled.’

Full story

Law Society’s Gazette, 12th September 2014

Source: www.lawgazette.co.uk

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LCJ uses Nightjack case to warn lawyers who mislead court of “exemplary punishments” – Legalfutures

‘Lawyers who mislead the court will end up with “exemplary and deterrent” punishments, the Lord Chief Justice has warned.’

Full story

Legalfutures, 12th September 2014

Source: www.legalfutures.co.uk

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Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another – WLR Daily

Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another; [2014] EWCA Civ 1105; [2014] WLR (D) 389

‘The qualified one-way costs shifting provisions under CPR 44.13 and 44.14 were not ultra vires the general discretion of the court on the ordering of costs under section 51(1) of the Senior Courts Act 1981, and although applying to claims for damages for personal injuries brought by a claimant against a defendant, they did not apply to claims for an indemnity or contribution brought by such a defendant against a third party.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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Fine for paralegal who moved firms and took sensitive data with him – Legal Futures

Posted September 11th, 2014 in costs, data protection, fines, news, paralegals by sally

‘A paralegal who took sensitive information from his employer when moving to a rival law firm was convicted of a criminal offence under the Data Protection Act this week.’

Full story

Legal Futures, 11th September 2014

Source: www.legalfutures.co.uk

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Judge condemns Crown Prosecution Service for pursuing sex case – Daily Telegraph

‘Judge Anthony Morris QC had urged prosecutors to pull the sex assault case before the trial had even begun because of lack of evidence.’

Full story

Daily Telegraph, 8th September 2014

Source: www.telegraph.co.uk

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Proving and Disproving Discrimination – Cloisters

‘This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:
How judges apply the burden of proof s136(2)(3) EA 2010.
What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board [2012] ICR 1054, SC.
What role does knowledge of the protected characteristic now play in light of IPC Media Ltd v Millar [2013] IRLR 707.’

Full story

Cloisters, 29th August 2014

Source: www.cloisters.com

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Lack of Capacity – A Trap for Lawyers Removed? – Zenith PI Blog

‘Increasingly, nowadays, solicitors find themselves acting in personal injuries claims for people who may lack mental capacity. This may or may not be the result of the injuries that they have suffered. Unquestionably, the fact that persons may be at one stage fully capable of conducting litigation and at another stage not presents real difficulties for a solicitor. We have seen recently a settlement set aside because the Claimant, who did not have a Litigation Friend, but did not have capacity could not settle the claim. See the recent local case of Dunhill v Burgin in the Supreme Court, [2014] 1WLR 933. So solicitors face a potentially disastrous situation.’

Full story

Zenith PI Blog, 29th August 2014

Source: www.zenithpi.wordpress.com

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