Tougher sentencing powers needed to deter data thieves, says ICO – The Guardian

Posted January 12th, 2016 in costs, data protection, fines, news, sentencing, theft by sally

‘The head of the government’s privacy watchdog has called for stronger sentencing powers for people convicted of stealing personal data, after a woman who sold 28,000 pieces of sensitive driver data was fined just £1,000.’

Full story

The Guardian, 11th January 2016

Source: www.guardian.co.uk

Comments Off on Tougher sentencing powers needed to deter data thieves, says ICO – The Guardian

Taxi driver told to pay more than £9,000 in costs after losing council appeal – Local Government Lawyer

Posted January 8th, 2016 in appeals, complaints, costs, licensing, news, taxis by tracey

‘A taxi driver in Kent has been ordered to pay more than £9,000 in costs after losing an appeal against a council’s decision to suspend his licence.’

Full story

Local Government Lawyer, 6th January 2016

Source: www.localgovernmentlawyer.co.uk

Comments Off on Taxi driver told to pay more than £9,000 in costs after losing council appeal – Local Government Lawyer

Retrospective success fee was justified, High Court rules – Litigation Futures

Posted January 7th, 2016 in costs, fees, immigration, law firms, legal aid, news by sally

‘A law firm was justified in charging a retrospective success fee as the claimant did not face different risks when he signed a conditional fee agreement (CFA) as when he had applied for legal aid five months earlier, the High Court has ruled.’

Full story

Litigation Futures, 7th January 2016

Source: www.litigationfutures.com

Comments Off on Retrospective success fee was justified, High Court rules – Litigation Futures

CA: Courts must consider “all the circumstances” before imposing part 36 penalties – Litigation Futures

Posted January 5th, 2016 in appeals, civil procedure rules, costs, news, part 36 offers, penalties by sally

‘Courts must consider “all the circumstances” before deciding whether it would be unjust to impose costs penalties on claimants who fail to beat offers made under part 36, appeal judges have ruled.’

Full story

Litigation Futures, 5th January 2015

Source: www.litigationfutures.com

Comments Off on CA: Courts must consider “all the circumstances” before imposing part 36 penalties – Litigation Futures

Gavin Edmondson Ltd v Haven Insurance Co Ltd – WLR Daily

Gavin Edmondson Ltd v Haven Insurance Co Ltd [2015] EWCA Civ 1230; [2015] WLR (D) 496

‘A solicitors firm which had concluded conditional fee agreements with road traffic victims and had entered those details in accordance with the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents on the website used by lawyers and insurers in such circumstances was entitled, when the claimants settled their personal injury claims directly with the defendants’ insurers, to recover the fixed costs and other sums payable under the Protocol scheme.’

WLR Daily, 2nd December 2015

Source: www.iclr.co.uk

Comments Off on Gavin Edmondson Ltd v Haven Insurance Co Ltd – WLR Daily

Arbitration in landlord and tenant disputes – Tanfield Chambers

‘Most landlord and tenant disputes end up in court. From the perspective of landlords, this can be a lengthy, frustrating, and costly process. For tenants, the experience is often uncertain, draining, and also costly. Is there a place for arbitration in this?’

Full story

Tanfield Chambers, 30th November 2015

Source: www.tanfieldchambers.co.uk

Comments Off on Arbitration in landlord and tenant disputes – Tanfield Chambers

Separate Representation, Conflicts and Costs: A Practical View from the Bar – Littleton Chambers

Posted December 9th, 2015 in costs, drafting, legal representation, negligence, news by sally

‘In his monthly column, James Bickford Smith discusses the decision in Ong and others v Ping [2015] EWHC 3258 (Ch) and the apparent revival of the “rule” in Lewis v Daily Telegraph Ltd (No 2) [1964] 2 QB 601.’
Full story

Littleton Chambers, 4th December 2015

Source: www.littletonchambers.co.uk

Comments Off on Separate Representation, Conflicts and Costs: A Practical View from the Bar – Littleton Chambers

Court of Appeal rules burden for proving sham marriage rests with Home Office – Free Movement

‘The Court of Appeal has reiterated that the burden of proof for proving whether a marriage is a sham for immigration law purposes rests with the Home Office. The case is Agho v The Secretary of State for the Home Department [2015] EWCA Civ 1198 and it confirms the obiter remarks of former President Blake in the earlier tribunal case of Entry Clearance Officer, Nicosia v Papajorgji [2012] UKUT 00038 (IAC) (FM post: New case law on meaning of genuine and subsisting marriage).’

Full story

Free Movement, 9th December 2015

Source: www.freemovement.org.uk

Comments Off on Court of Appeal rules burden for proving sham marriage rests with Home Office – Free Movement

Leasehold disputes and costs – Nearly Legal

Posted December 7th, 2015 in appeals, costs, housing, interpretation, landlord & tenant, leases, news by sally

‘Leasehold disputes, like any litigation, are capable of generating significant legal and other professional costs. The position is generally better for freeholders/third party managers than it is for leaseholders in that a well-drafted lease will usually give the landlord/manager a right to recover legal costs, often through a variety of different forms of covenant. These clauses can (and do) “trump” any procedural restrictions on the award of costs, see, e.g. Chaplair, but, of course, it is always a question of construction as to what the clause in question covers.’

Full story

Nearly Legal, 5th December 2015

Source: www.nearlylegal.co.uk

Comments Off on Leasehold disputes and costs – Nearly Legal

Upper Tribunal continues to refuse to enforce procedure rules against Home Office – Free Movement

Posted December 4th, 2015 in costs, government departments, immigration, judicial review, news by tracey

‘In the recent case of R (on the application of Turay) v Secretary of State for the Home Department IJR [2015] UKUT 485 (IAC) Mr Ockelton, the Deputy President of the Immigration and Asylum Chamber of the Upper Tribunal, concludes (1) that applicants for judicial review cannot supplement or amend their position but (2) the Home Office can.’

Full story

Free Movement, 2nd December 2015

Source: www.freemovement.org.uk

Comments Off on Upper Tribunal continues to refuse to enforce procedure rules against Home Office – Free Movement

Courts – Written statement to Parliament – Ministry of Justice

Posted December 3rd, 2015 in costs, courts, criminal courts charge, criminal justice, press releases by tracey

‘The courts take money from offenders in a number of ways, including fines, the victim surcharge, compensation orders, prosecution costs and the Criminal Courts Charge. This array of penalties, fines and charges is complex and confusing. I have therefore asked my department to review the entire structure, and purpose, of court-ordered financial impositions for offenders, in order to bring greater simplicity and clarity to the system.’

Full press release

Ministry of Justice, 3rd December 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

Comments Off on Courts – Written statement to Parliament – Ministry of Justice

Court of Appeal rules third-party capture insurer still has to pay solicitors’ costs – Litigation Futures

Posted December 3rd, 2015 in appeals, costs, fees, insurance, news, solicitors, third parties by tracey

‘The Court of Appeal has made a major strike against the practice of third-party capture by ordering an insurance company that settled personal injury claims directly with the clients of a law firm to pay the solicitors the costs they would have earned.’

Full story

Litigation Futures, 3rd December 2015

Source: www.litigationfutures.com

Comments Off on Court of Appeal rules third-party capture insurer still has to pay solicitors’ costs – Litigation Futures

Unhappy customer sues Apple after honeymoon photos are wiped from phone – Daily Telegraph

Posted December 2nd, 2015 in compensation, costs, negligence, news, photography, telecommunications by sally

‘An Apple customer has won a “monumental victory” over the tech company after his photos were wiped.’

Full story

Daily Telegraph, 1st December 2015

Source: www.telegraph.co.uk

Comments Off on Unhappy customer sues Apple after honeymoon photos are wiped from phone – Daily Telegraph

Judge questions ‘astonishing’ £1.3m for consultancy fees – Law Society’s Gazette

‘The High Court has sent a strong signal to law firms ‘sub-contracting’ disclosure work to third parties.’

Full story

Law Society’s Gazette, 2nd December 2015

Source: www.lawgazette.co.uk

Comments Off on Judge questions ‘astonishing’ £1.3m for consultancy fees – Law Society’s Gazette

Court of Appeal: costs judges have wide discretion over costs of Solicitors Act assessments – Litigation Futures

Posted November 20th, 2015 in costs, judiciary, news, solicitors by tracey

‘Costs judges have a broad discretion when considering what amount to “special circumstances” that allow them to depart from the “one-fifth” rule on the costs of a Solicitors Act assessment, the Court of Appeal has decided.’

Full story

Litigation Futures, 19th November 2015

Source: www.litigationfutures.com

Comments Off on Court of Appeal: costs judges have wide discretion over costs of Solicitors Act assessments – Litigation Futures

Government delays clinical negligence fixed costs consultation – Litigation Futures

Posted November 19th, 2015 in consultations, costs, delay, fees, negligence, news by tracey

‘The government has delayed launch of its consultation on introducing fixed recoverable costs in low-value clinical negligence claims.’

Full story

Litigation Futures, 19th November 2015

Source: www.litigationfutures.com

Comments Off on Government delays clinical negligence fixed costs consultation – Litigation Futures

Transcript of the Lord Chief Justice’s Annual Press Conference 2015 – Courts and Tribunals Judiciary

‘The Lord Chief Justice, Lord Thomas of Cwmgiedd, held his annual press conference on Tuesday, 17 November, 2015, at the Royal Courts of Justice.’

Full transcript

Courts and Tribunals Judiciary, 17th November 2015

Source: www.judiciary.gov.uk

Comments Off on Transcript of the Lord Chief Justice’s Annual Press Conference 2015 – Courts and Tribunals Judiciary

Court charge creates “perverse incentive” for guilty pleas – The Bar Council

‘Criminal court charges create perverse incentives for the innocent to plead guilty, warns Bar Council chairman Alistair MacDonald QC, ahead of today’s parliamentary debate. He also points out that we still do not know if the Government is on track to raise £265 million it proposed to bring in over the course of this Parliament.’

Full press release

The Bar Council, 17th November 2015

Source: www.barcouncil.org.uk

Comments Off on Court charge creates “perverse incentive” for guilty pleas – The Bar Council

Rise in sex crimes not due to historical cases, says lord chief justice – The Guardian

‘Lord Thomas of Cwmgiedd says better treatment of victims by criminal justice system encouraging more people to report sexual assaults.’

Full story

The Guardian, 17th November 2015

Source: www.guardian.co.uk

Comments Off on Rise in sex crimes not due to historical cases, says lord chief justice – The Guardian

Gamekeeper’s environmental Aarhus claim to shoot buzzards? – UK Human Rights Blog

‘An interesting point arose in this judicial review (for which see Rosalind English’s post here). Could the claimant get the benefit of an order that any costs he might have had to pay were capped at £5,000? The original judge, Thirlwall J, when granting permission, had refused this costs protection. Ouseley J granted it, though, because the claimant won, the order is academic (short of a successful appeal by the defendant). ‘

Full story

UK Human Rights Blog, 14th November 2015

Source: www.ukhumanrightsblog.com

Comments Off on Gamekeeper’s environmental Aarhus claim to shoot buzzards? – UK Human Rights Blog