Bedale woman fined for Le Vell trial tweet – BBC News

Posted March 20th, 2014 in anonymity, costs, fines, internet, news, sexual offences, trials, victims by tracey

‘A woman who tweeted the identity of the alleged victim in the trial of Coronation Street’s Michael Le Vell has been fined.’

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BBC News, 20th 2014

Source: www.bbc.co.uk

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“Premature” bid for RBS case budget only penalised with 50% costs award – Litigation Futures

Posted March 19th, 2014 in banking, budgets, costs, news by tracey

‘The action group that brought a premature application for budgeting in the RBS rights issue litigation will only pay half of the costs of the hearing at this stage, because “the basic proposition that a budgeting exercise would be appropriate may yet be vindicated”.’

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Litigation Futures, 18th March 2014

Source: www.litigationfutures.com

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‘Out of control’ foreign divorce ‘squeezing out needy litigants’ – Law Society’s Gazette

Posted March 19th, 2014 in choice of forum, costs, divorce, financial provision, news by tracey

‘A High Court judge has spoken out against the court time taken by wealthy international litigants engaged in “out of control” divorce proceedings.’

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Law Society’s Gazette, 18th March 2014

Source: www.lawgazette.co.uk

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Funding Family Proceedings and Legal Services Orders – Family Law Week

‘Tony Ward, Family Law barrister with 3PB analyses the latest case law relating to Legal Services Orders under s.22ZA MCA 1973.’

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Family Law Week, 18th March 2014

Source: www.familylawweek.co.uk

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Jackson reforms a ‘serious risk’ to justice, says Law Society – Law Society’s Gazette

Posted March 14th, 2014 in budgets, case management, consultations, costs, news, solicitors by tracey

‘Civil litigation reforms implemented last year pose a risk of injustice to clients and a serious reputational risk for solicitors, the Law Society has said.’

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Law Society’s Gazette, 13th March 2014

Source: www.lawgazette.co.uk

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High Court brands claim of late budget filing “manifest nonsense” – Litigation Futures

Posted March 13th, 2014 in budgets, case management, costs, news, service, time limits by tracey

‘A High Court judge yesterday sought to “reinforce the message that the Commercial Court will firmly discourage the taking of futile and time-wasting procedural points” as it appeared the message from last month’s Summit Navigation ruling “may not yet have been heard”.’

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Litigation Futures, 13th March 2014

Source: www.litigationfutures.com

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Solicitor coroner struck off over £2m theft from clients to fund lavish lifestyle – Legal Futures

Posted March 12th, 2014 in compensation, costs, disciplinary procedures, executors, fraud, news, solicitors, theft, wills by tracey

‘A Gloucestershire solicitor who also served as the county’s coroner has been struck off after taking nearly £2m from clients to fund an extravagant lifestyle.’

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Legal Futures, 11th March 2014

Source: www.litigationfutures.com

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Rubin v Rubin – WLR Daily

Posted March 12th, 2014 in appeals, costs, divorce, financial provision, law reports, legal services by tracey

Rubin v Rubin: [2014] EWHC 611 (Fam);   [2014] WLR (D)  116

‘Under section 22ZA(3) of the Matrimonial Causes Act 1973, as inserted, the court could not make a costs allowance unless it was satisfied that without the amount of the allowance the applicant would not reasonably be able to obtain appropriate legal services for the purposes of the proceedings or any part of the proceedings, and for the purpose of that provision the court had to be satisfied in particular that the applicant was not reasonably able to secure a loan to pay for the services.’

WLR Daily, 10th March 2014

Source: www.iclr.co.uk

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Grayling rules out privatised courts – Law Society’s Gazette

Posted March 12th, 2014 in contracting out, costs, courts, fees, news, probation by tracey

‘Privatising the courts service is not on the government’s agenda, Chris Grayling, the justice secretary, told a free-market thinktank today.’

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Law Society’s Gazette, 11th March 2014

Source: www.lawgazette.co.uk

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Second bites at the cherry, defective witness statements and sanction: a practical view from the Bar – Littleton Chambers

‘In his monthly column, James Bickford Smith discusses the Court of Appeal’s recent guidance on communications with judges after draft judgments are circulated, some interesting judicial
observations on defective witness statements, and the Commercial Court’s important relief from
sanctions decision in Re C (A Child) [2014] EWCA Civ 70.’

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Littleton Chambers, 7th March 2014

Source: www.littletonchambers.com

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Precedent H to be amended in CPR update but no news yet on costs management limit – Litigation Futures

Posted March 6th, 2014 in budgets, civil procedure rules, costs, news, time limits by tracey

‘The statement of truth to be used in verifying a costs budget is to be changed, the latest update to the Civil Procedure Rules has revealed – but there is no word as yet about whether the level at which the costs management exemption kicks in will be increased.’

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Litigation Futures, 6th March 2014

Source: www.litigationfutures.com

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Sharing Risk in Collective Actions – Competition Bulletin from Blackstone Chambers

Posted March 5th, 2014 in class actions, competition, consultations, costs, damages, news by sally

‘Readers of this blog will be familiar with the Government’s announcement, following the conclusion last year of its consultation on private actions in competition law, that it intends to introduce an “opt out” regime for collective competition law actions. In brief, unless they specifically choose to opt out, UK-domiciled consumers and businesses will automatically be included as claimants in collective actions, provided they satisfy the criteria for membership set by the Competition Appeal Tribunal when it certifies the class. One of the particular policy objectives behind this proposal is to empower small businesses and consumers to seek redress in respect of anti-competitive behaviour. The combination of the complexity and cost of seeking such redress is seen currently to form an almost insurmountable hurdle to all but the largest claims.’

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Competition Bulletin from Blackstone Chambers,

Source: www.competitionbulletin.com

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Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another – WLR Daily

Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another [2014] EWHC 398 (Comm); [2014] WLR (D) 104

‘All sanctions were not equal nor were they to be treated as equivalent to one another for the purposes of an application for relief from sanctions under CPR r 3.9.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk

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Basically, we are all… – NearlyLegal

‘Associated Electrical Industries Ltd v Alstom UK [2014] EWHC 430 is the latest case to be handed down in the post Jackson/Mitchell dystopian legal world.’

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NearlyLegal, 4th March 2014

Source: www.nearlylegal.co.uk

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Court fee plans herald justice for those who can pay – senior judges – Law Society’s Gazette

Posted March 5th, 2014 in civil justice, costs, family courts, fees, judiciary, Ministry of Justice, news by sally

‘Senior judges have savaged government proposals for reforming court fees, warning that they are based on ‘inadequate’ and compromised research, and basic misconceptions about the way the courts operate.’

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Law Society’s Gazette, 4th March 2014

Source: www.lawgazette.co.uk

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Fake barrister struck off after complaints – Daily Telegraph

‘Yvonne Turley, 50, who claimed to be an employment law specialist, held meetings with her clients in McDonalds’

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Daily Telegraph, 3rd March 2014

Source: www.telegraph.co.uk

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Recent rulings show “sensible and pragmatic” approach to costs sanctions emerging, says expert – OUT-LAW.com

Posted February 28th, 2014 in budgets, case management, costs, news by sally

‘A recent run of High Court rulings shows that a “sensible and pragmatic” approach to the circumstances in which relief from sanctions for breaches of the civil court costs rules will be granted is gradually beginning to emerge, an expert has said.’

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OUT-LAW.com, 25th February 2014

Source: www.out-law.com

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Rule committee set to introduce blanket £10m costs management exemption – Litigation Futures

Posted February 26th, 2014 in budgets, civil procedure rules, costs, news, practice directions by tracey

‘The Civil Procedure Rule Committee (CPRC) looks set to introduce an exemption from costs management for all civil cases that are worth in excess of £10m – even though Sir Rupert Jackson himself is opposed to any exceptions. Newly released papers from the 6 December meeting of the CPRC reveal that it fell into line with the joint recommendation of the Master of the Rolls, Lord Dyson, and the deputy head of civil justice, Lord Justice Richards.’

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Litigation Futures, 26th February 2014

Source: www.litigationfutures.com

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Grayling defends JR intervention reforms – Law Society’s Gazette

Posted February 26th, 2014 in bills, costs, disclosure, judicial review, news by tracey

‘Justice secretary Chris Grayling has told MPs his plans for judicial reviews will stop pressure groups using individuals as “financial human shields” to bring cases.’

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Law Society’s Gazette, 25th February 2014

Source: www.lawgazette.co.uk

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Reforming judicial review: cutting pointless delay or preventing legitimate challenge? – UK Human Rights Blog

Posted February 25th, 2014 in bills, costs, human rights, judicial review, news, public interest by sally

‘For law students who slept their way through their first Latin 101 lessons in ‘ultra vires’, public law and judicial review may have seemed very detached from the realities of everyday life; less relevant to the man on the Clapham Omnibus than the rigours of a good criminal defence or protection from eviction offered by landlord and tenant law.’

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UK Human Rights Blog, 24th February 2014

Source: www.ukhumanrightsblog.com

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