Fletchers claims “major victory” on interim payments of costs – Litigation Futures

‘Southport injury firm Fletchers claims to have secured the first judgment ordering defendants to make an interim costs payment based on the new version of the rules which came into force in April 2013.’

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Litigation Futures, 5th July 2016

Source: www.litigationfutures.com

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High Court imposes restraint order on “obsessional” litigant who targeted lawyers – Legal Futures

Posted July 6th, 2016 in barristers, complaints, costs, harassment, news, restraining orders by Mark L

‘The High Court has imposed an extended civil restraint order (ECRO) on an “obsessional” libel litigant who sent over 100 text messages to the mobile phone of a partner at Pinsent Masons acting for Google.’

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Legal Futures, 6th July 2016

Source: www.legalfutures.co.uk

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High Court overturns trio of cost judge rulings over “failing to advise properly” on CFA switches – Litigation Futures

Posted July 5th, 2016 in appeals, costs, fees, law firms, legal aid, news by sally

‘The High Court has overturned three high-profile costs rulings in which Irwin Mitchell lost the right to recover success fees and insurance premiums from defendants after failing to advise on the 10% uplift in general damages before switching clients from legal aid.’

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Litigation Futures, 4th July 2016

Source: www.litigationfutures.com

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Claimant who only beat part 36 offer because of interest “not entitled to enhanced costs” – Litigation Futures

Posted July 5th, 2016 in civil procedure rules, costs, damages, interest, news, part 36 offers by sally

‘A claimant who only beat his part 36 offer at trial because of the interest on the damages awarded through to judgment is not entitled to enhanced costs, the High Court has ruled.’

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Litigation Futures, 4th July 2016

Source: www.litigationfutures.com

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Costs lawyers highlight “arbitrary” nature of budgeting – Litigation Futures

Posted June 30th, 2016 in budgets, costs, judges, legal profession, news by tracey

‘The extent to which the costs management regime is working very much depends on which judge you are before, according to a survey of members of the Association of Costs Lawyers (ACL).’

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Litigation Futures, 28th June 2016

Source: www.litigationfutures.com

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Legal aid contributions decision to face judicial review – Law Society’s Gazette

Posted June 30th, 2016 in appeals, costs, legal aid, news by tracey

‘The Court of Appeal has granted permission for a judicial review of a Legal Aid Agency decision on capital contributions, urging “meaningful negotiations” between the parties to prevent further costs being incurred for the relatively small sums at stake.’

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Law Society’s Gazette, 28th June 2016

Source: www.lawgazette.co.uk

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Now proportionality test bites in the Competition Appeal Tribunal – Litigation Futures

‘Proportionality has hit the Competition Appeal Tribunal as it capped a defendant’s recoverable costs at £350,000, compared to its budgeted costs of £637,000.’

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Litigation Futures, 24th June 2016

Source: www.litigationfutures.com

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Party penalised in case ‘crying out’ for sensible negotiation – Law Society’s Gazette

Posted June 27th, 2016 in costs, disclosure, dispute resolution, documents, evidence, news by sally

‘The High Court has sent a strong message about non-disclosure and failing to negotiate by penalising a party over costs.’

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Law Society’s Gazette, 25th June 2016

Source: www.lawgazette.co.uk

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Case Update: Judge expressing opinion on proportionality of incurred costs – Zenith PI Blog

‘In the recent case of Eil v Knowsley Metropolitan Borough Council (15/06/16) the court was considering the costs position on a claim arising out of a sexual assault. Due to the medical evidence the Claimant limited the claim to £50,000. A budget was submitted by the Defendant for £26,000. The Claimant’s budget was £104,373, of which half had already been incurred.’

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Zenith PI Blog, 27th June 2016

Source: www.zenithpi.wordpress.com

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Retired company director fined and reprimanded for destroying his own mother’s grave – Daily Telegraph

‘A retired company director has paid £4,500 in costs after being reprimanded by a judge for vandalising his own mother’s gravestone with a hammer.’

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Daily Telegraph, 26th June 2016

Source: www.telegraph.co.uk

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Judge caps Law Society’s “disproportionate” £640k costs in defending competition claim – Legal Futures

Posted June 24th, 2016 in budgets, conveyancing, costs, Law Society, news, proportionality, quality assurance by tracey

‘The Law Society’s budgeted costs of £637,000 to defend the competition law action brought over its Conveyancing Quality Scheme (CQS) are disproportionate and should be capped at nearly half of that, the president of the Competition Appeal Tribunal has ruled.’

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Legal Futures, 24th June 2016

source: www.legalfutures.co.uk

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Successful part 36 offer removes cap on provisional assessment costs, High Court rules – Litigation Futures

Posted June 23rd, 2016 in appeals, civil procedure rules, costs, news, part 36 offers by sally

‘A successful part 36 offer in a provisional assessment removes the £1,500 costs cap, the High Court has ruled.’

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Litigation Futures, 23rd June 2016

Source: www.litigationfutures.co.uk

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Court penalises party that failed to entertain settlement attempts – Litigation Futures

Posted June 22nd, 2016 in airlines, compensation, costs, news by sally

‘A defendant that “resisted all early attempts at discussion or negotiation” has become the latest to have its conduct penalised in costs.’

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Litigation Futures, 22nd June 2016

Source: www.litigationfutures.co.uk

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Driver beats council in legal battle over 30-year-old unlawful ‘No Entry’ sign – Daily Telegraph

Posted June 21st, 2016 in costs, local government, news, road traffic offences by sally

‘A motorist has beaten a council in a court battle over an illegal ‘No Entry’ sign which has been catching motorists out for 30 years.’

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Daily Telegraph, 21st June 2016

Source: www.telegraph.co.uk

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Crazy little thing called proportionality causes hammer to fall on Queen guitarist’s costs – Litigation Futures

‘Lawyers should tell clients in cases where costs significantly exceed damages that the new test of proportionality means they will receive “no more than a contribution” to those costs if they are successful, a costs judge has said.’

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Litigation Futures, 17th June 2016

Source: www.litigationfutures.com

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Employment tribunal fees ‘will deny workers justice’ – The Independent

‘Workers unfairly dismissed by their employers are being denied access to justice because of new Government court fees, a cross party committee of MPs has warned. Since the new employment tribunal fees were introduced in 2013 there has been a “precipitate drop” of almost 70 per cent in the number of cases being brought, the Commons Justice committee said. It can now cost as much as £1,200 simply to bring a claim.’

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The Independent, 20th June 2016

Source: www.independent.co.uk

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Children: Private Law Update (June 2016) – Family Law Week

Posted June 17th, 2016 in children, costs, DNA, enforcement, news, undertakings by tracey

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

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Family Law Week, 15th June 2016

Source: www.familylawweek.co.uk

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Court sanctions party that failed to paginate its bundles properly – Litigation Futures

Posted June 16th, 2016 in case management, costs, documents, law firms, news, sanctions, solicitors by tracey

‘A party’s failure to provide a properly paginated bundle to the High Court has led to the adjournment of key parts of its application for summary judgment and a costs order.’

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Litigation Futures, 14th June 2016

Source: www.litigationfutures.com

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Supreme Court to hear appeal by council on compensation after pier closure – Local Government Lawyer

‘The Supreme Court will next week (23 June) hear a borough council’s appeal over an order that it should pay more than £2m in compensation plus legal costs to the operators of a business on a seaside pier it temporarily shut down.’

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Local Government Lawyer, 13th June 2016

Source: www.localgovernment.co.uk

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Sarah McClay death: South Lakes Safari Zoo fined – BBC News

Posted June 13th, 2016 in animals, costs, employment, fines, guilty pleas, health & safety, inquests, news, sentencing by sally

‘A zoo where a keeper was mauled to death by a tiger has been fined for health and safety breaches.’

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BBC News, 10th June 2016

Source: www.bbc.co.uk

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