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.’

Full story (PDF)

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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Lord Dyson “personally opposed” to changing costs rules for JR permission hearings – Litigation Futures

Posted March 11th, 2015 in costs, judicial review, news, oral hearings by tracey

‘Lord Dyson, the Master of the Rolls, has made it clear that he is “personally opposed” to changes in the costs rules for judicial review oral permission hearings.’

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Litigation Futures, 11th March 2015

Source: www.litigationfutures.com

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Coulson J slashes “entirely unreliable” costs budget from £9.5m to £4.3m – Litigation Futures

Posted March 9th, 2015 in budgets, civil procedure rules, costs, damages, news, proportionality, solicitors by tracey

‘The High Court has slashed a claimant company’s costs budget from £9.5m to £4.3m, describing it as “entirely unreliable” and “deliberately manipulated”.’

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Litigation Futures, 9th March 2015

Source: www.litigationfutures.com

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EAT denies claimants court fees recovery because union paid them – Litigation Futures

‘A group of employees who successfully appealed a tribunal ruling over the interpretation of their contracts cannot recover court fees because their union paid them, the Employment Appeal Tribunal (EAT) has decided.’

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Litigation Futures, 4th March 2015

Source: www.litigationfutures.com

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Family court hammers firm in compliance crackdown – Law Society’s Gazette

Posted March 5th, 2015 in civil procedure rules, costs, family courts, news by tracey

‘The family court has renewed a stern message to litigants that it will not tolerate non-compliance with court orders. The Honourable Mr Justice Keehan said practitioners must be made aware that poor practices pre-dating new Civil Procedure Rules should no longer be a feature of family litigation.’

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Law Society’s Gazette, 4th March 2015

Source: www.lawgazette.co.uk

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Grayling JR amendment ‘unlawful’ – High Court – Law Society’s Gazette

Posted March 4th, 2015 in costs, judicial review, legal aid, news, regulations, remuneration by sally

‘Regulations that would have limited access to judicial review are unlawful, the High Court ruled today.’

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Law Society’s Gazette, 3rd March 2015

Source: www.lawgazette.co.uk

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Neknominate goldfish man banned from owning fish – BBC News

‘A man who was filmed swallowing a goldfish for the Neknominate online drinking game has been been banned from owning fish for five years.’

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BBC News, 2nd March 2015

Source: www.bbc.co.uk

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Appeal judges reject bid for costs in case that started out in small claims court – Litigation Futures

Posted March 2nd, 2015 in appeals, civil procedure rules, costs, insurance, news, small claims by sally

‘A claimant who took a credit hire case from the small claims court all the way to the Court of Appeal must pay her own costs because the defendant insurer’s behaviour was not “unreasonable”, appeal judges have ruled.’

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Litigation Futures, 2nd March 2015

Source: www.litigationfutures.com

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Alternative dispute resolution – Law Society’s Gazette

‘The recent case of Laporte v The Commissioner for the Police of the Metropolis [2015] EWHC 371 (QB), which came before Turner J (pictured), reinforced the pro-ADR stance of courts and the obligation on parties to seriously consider and engage with ADR processes. Although the case also dealt with indemnity costs, this article specifically focuses upon ADR.’

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Law Society’s Gazette, 2nd March 2015

Source: www.lawgazette.co.uk

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Al-Sweady file exposes the smearing of British soldiers – Daily Telegraph

‘Evidence drawn up on David Cameron’s orders alleges that Public Interest Lawyers continued to pursue torture and murder claims for a year after realising that they may be “untrue”.’

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Daily Telegraph, 1st March 2015

Source: www.telegraph.co.uk

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