Regina (N) v Walsall Metropolitan Borough Council – WLR Daily

Regina (N) v Walsall Metropolitan Borough Council [2014] EWHC 1918 (Admin); [2014] WLR (D) 255

‘The capital derived from a personal injury settlement which was managed by a deputy appointed by the Court of Protection had to be disregarded by a local authority when deciding whether the injured person could be required to contribute to the cost of social care services provided by a local authority.’

WLR Daily, 12th June 2014

Source: www.iclr.co.uk

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Richard III legal challenge lands taxpayer with £175,000 legal bill – Daily Telegraph

Posted June 17th, 2014 in burials and cremation, costs, judicial review, news, royal family by sally

‘Chris Grayling, the Justice Secretary, criticises a legal bid by distant relatives of King Richard III, whose remains were found buried under a council car park in Leicester.’

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Daily Telegraph, 16th June 2014

Source: www.telegraph.co.uk

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Separating divorce and financial disputes – more process than substance – Halsbury’s Law Exchange

Posted June 16th, 2014 in children, costs, divorce, family courts, financial dispute resolution, news by sally

‘Sir James Munby, President of the Family Division has considered in his most recent opinion piece, both his commentary on the bedding down of the recent procedural changes that came in to force on the 22 April 2014, and looking to the future, he has invited Mostyn J and Cobb J to chair a new Financial Remedies Working Group to look at further change.’

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Halsbury’s Law Exchange, 16th June 2014

Source: www.halsburyslawexchange.co.uk

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Precedent H “irregularity” does not render it a nullity, High Court rules – Litigation Futures

‘It would be disproportionate and unjust to strike down a Precedent H budget that was signed by a firm’s in-house costs draftsman, rather than by a “senior legal representative”, the High Court has ruled.’

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Litigation Futures, 16th June 2014

Source: www.litigationfutures.com

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The Jackson Reforms: One year on – Falcon Chambers

‘The anniversary of the implementation of the Jackson reforms looms. Has all the fear and dread it engendered at the time been justified? Views will vary, whether because of temperament or because of preference, but in our view, for what it’s worth, the answer is “yes”. In the sphere of relief from sanctions at least, and in the kind of costs budgeting that we most often face, many of the concerns warned of in advance have come to pass. The by now well-know case of Andrew Mitchell has illustrated the draconian approach being taken by the courts to relief from sanctions, with the support of what appears to be a hand-picked Court of Appeal. The methodology of county courts in dealing with costs budgeting and CCMCs varies widely, making it difficult to predict or advise on procedural issues in the run up to trials and hearings.’

Full story (PDF)

Falcon Chambers, 25th March 2014

Source: www.falcon-chambers.com

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Can you really divorce online for £37? – Daily Telegraph

‘Filing the papers can be cheap, but to ensure you get the outcome you want you will probably have to spend more.’

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Daily Telegraph, 3rd June 2014

Source: www.telegraph.co.uk

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Appeal court set for triple Mitchell showdown – Law Society’s Gazette

Posted June 4th, 2014 in appeals, budgets, case management, civil procedure rules, costs, delay, news by tracey

‘Master of the rolls Lord Dyson is to hear three consecutive appeals over two days in an effort to clarify the post-Mitchell landscape on compliance with case management rules.’

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Law Society’s Gazette, 3rd June 2014

Source: www.lawgazette.co.uk

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R (JG) v Lord Chancellor (Law Society intervening) – WLR Daily

Posted May 29th, 2014 in appeals, care orders, costs, expert witnesses, law reports, legal aid by michael

R (JG) v Lord Chancellor (Law Society intervening) [2014] EWCA Civ 656;  [2014] WLR (D)  235

‘Where a child who was a party to private law proceedings under the Children Act 1989 had the benefit of public funding in respect of his costs and the court considered that it was necessary to instruct a single joint expert to produce a report to assist the court in determining what was in the best welfare interests of the child, but the other parties had no funding and were unable to pay their share of the expert’s costs, the court could depart from the order that it would otherwise have made, to the greater cost of the publicly funded party, where the failure to adduce the expert’s report would result in a breach of one of the party’s rights under articles 6 or 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and the court was not prevented from doing so by section 22(4) of the Access to Justice Act 1999. Where, in the case of a single joint expert, there was no problem over resources, there was no normal rule of equal apportionment of the costs, and that issue of apportionment was to be determined in the exercise of the court’s discretion, taking into account the particular circumstances of the case.’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

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Legal Aid Agency may have to bear cost of expert fees – New Law Journal

Posted May 29th, 2014 in costs, expert witnesses, fees, legal aid, news, reports by michael

‘The Legal Aid Agency—formally known as the Legal Service Commission (LSC) —was wrong to refuse to pay the full cost of an expert witness report ordered for a child by the family court.’

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New Law Journal, 28th May 2014

Source: www.newlawjournal.co.uk

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Legal challenge to controversial herring gull cull dismissed by judge – The Guardian

‘A controversial cull of thousands of gulls in the UK will go ahead after a legal challenge by conservationists failed.’

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The Guardian, 21st May 2014

Source: www.guardian.co.uk

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Fraud trial legal aid ruling overturned by appeal court – The Guardian

Posted May 21st, 2014 in appeals, barristers, budgets, costs, fraud, judges, legal aid, legal representation, news by tracey

‘A £4.5m fraud trial halted due to disputes over legal aid cuts has been restarted after the court of appeal ruled that the defendants could receive a fair trial.’

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The Guardian, 21st May 2014

Source: www.guardian.co.uk

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Appeal court sets aside £186k professional negligence claim – Law Society’s Gazette

‘A Devon firm has won an appeal against a £186,000 damages award for professional negligence following a conveyancing row with a former client.’

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Law Society’s Gazette, 20th May 2014

Source: www.lawgazette.co.uk

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BSB fails to have barrister’s costs reduced to LiP rate – Legal Futures

‘Barristers who successfully defend themselves in disciplinary proceedings can claim their costs at a rate higher than that of a normal litigant in person, the High Court has ruled in a largely unsuccessful judicial review brought by the Bar Standards Board (BSB).’

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Legal Futures, 19th May 2014

Source: www.legalfutures.co.uk

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High Court issues proportionality ruling – Litigation Futures

Posted May 16th, 2014 in civil procedure rules, costs, news, personal injuries, proportionality by sally

‘A costs judge is entitled to consider if individual items of costs claimed are proportionate and necessary even if the costs of the litigation overall appear proportionate, the High Court has decided in the first ruling on the issue.’

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Litigation Futures, 16th May 2014

Source: www.litigationfutures.com

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Eastenders in Supreme Court: A1P1 filling in the gaps – UK Human Rights Blog

‘Not Albert Square, but it could be. The Crown Prosecution Service suspect two individuals of a massive duty/VAT fraud in their cash and carry businesses. The CPS go to the Crown Court (in the absence of the individuals) and get an order to appoint a receiver (i.e. a paid manager) to run the affairs of companies (Eastenders) in which the individuals are involved, as well as a restraint order against the individuals. Both receivership and restraint orders are set aside some months later by the Court of Appeal, on the basis that the HMRC investigator’s statements were largely “broad and unsupported assertions”. Problem: by then the receiver had run up £772,547 in fees.’

Full story

UK Human Rights Blog, 15th May 2014

Source: www.ukhumanrightsblog.com

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Exaggerated symptoms see claimant lose QOCS protection in first ‘fundamental dishonesty’ decision – Litigation Futures

Posted May 15th, 2014 in costs, news, personal injuries by tracey

‘A circuit judge has ruled that a personal injury claimant who exaggerated the extent of his ongoing symptons should be denied the protection of qualified one-way costs shifting (QOCS) on the grounds that the claim was “fundamentally dishonest”.’

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Litigation Futures, 14th May 2014

Source: www.litigationfutures.com

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Line dancing teacher falsely accused of harassment successfully sues rival – Daily Telegraph

Posted May 15th, 2014 in costs, defamation, news, teachers by tracey

‘Award-winning line-dancing teacher Val Myers given apology in High Court after rival falsely accused him of assault and harassing members of the line-dancing community.’

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Daily Telegraph, 14th May 2014

Source: www.telegraph.co.uk

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Judges criticise impact of legal aid cuts – The Guardian

‘There has been a large increase in unrepresented claimants, outbreaks of courtroom violence, extra litigation and increased costs, according to senior judges who have criticised the impact of legal aid cuts in the family courts.’

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The Guardian, 14th May 2014

Source: www.guardian.co.uk

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Boundary disputes: Evidence – The pitfalls and practicalities – Hardwicke Chambers

Posted May 12th, 2014 in appeals, boundaries, costs, evidence, news, trespass by sally

‘Boundary disputes are rarely cost effective and the courts often make orders that make them disproportionately costly for the winner as well as the loser. Two recent cases demonstrate that risk and the importance of fully exploring and considering the available and/or potential evidence as early as possible.’

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Hardwicke Chambers, 7th May 2014

Source: www.hardwicke.co.uk

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Greenwich Millennium Village Limited v Essex Services Group PLC (& ors) – 4 New Square

Posted May 12th, 2014 in civil procedure rules, costs, damages, indemnities, news by sally

‘Mr Justice Coulson has handed down his lengthy judgment on the costs matters arising from the claim made by Greenwich Millennium Village Limited (“GMVL”). His judgment may prove of particular interest for his consideration of costs issues which arise when, as so often in the TCC, parties seek to pass on liabilities along a contractual chain.’

Full story (PDF)

4 New Square, 6th May 2014

Source: www.4newsquare.com

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