Fairhold Freeholds No. 2 Limited v Moody [2016] UKUT 311 (LC) – Tanfield Chambers

Posted November 9th, 2016 in appeals, costs, fees, indemnities, landlord & tenant, leases, news, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has held that an indemnity given in a lease can be viewed as a promise by the tenant to protect the landlord from the landlord’s liability to a third party. For the tenant to be liable, the tenant’s breach must be the reason for the landlord’s liability to the third party. In this case, the indemnity was not drafted widely enough to render the tenant responsible for the administrative and legal costs incurred by the landlord once the ground rent had been tendered (even though it was tendered late).’

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Tanfield Chambers, 10th October 2016

Source: www.tanfieldchambers.co.uk

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Sinclair Gardens Investments (Kensington) Ltd v Wisbey [2016] UKUT 203 (LC) – Tanfield Chambers

Posted November 9th, 2016 in appeals, costs, landlord & tenant, leases, news, tribunals by sally

‘Solicitors costs of and incidental to the preparation of a counter notice were recoverable under s. 60 LRHUDA 1993. There ought to be some reduction in costs where a landlord was dealing with multiple claims involving the same building.’

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Tanfield Chambers, 1st November 2016

Source: www.tanfieldchambers.co.uk

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Making waves: the decision in Essar v Norscot: a view from the Bar – Hardwicke Chambers

Posted November 9th, 2016 in agreements, arbitration, costs, news by sally

‘Can a successful claimant recover the costs of a funding agreement from the defendant? No in litigation but yes in arbitration, according to the Commercial Court in Essar Oilfields Services Limited v Norscot Rig Management PVT Limited. This decision has sent shockwaves through the arbitration community.’

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Hardwicke Chambers, 25th October 2016

Source: www.hardwicke.co.uk

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Caution: Slippery Claimant – Park Square Barristers

Posted November 9th, 2016 in appeals, civil procedure rules, costs, news, personal injuries by sally

‘Holly Clegg considers: If a Judge finds the Claimant’s evidence to be incredible, should the Defendant necessarily seek a finding of fundamental dishonesty? Not unless such a finding is clearly sustainable on the evidence, according to the case of Meadows v La Tasca Restaurants Limited.’

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Park Square Barristers, 7th November 2016

Source: www.parksquarebarristers.co.uk

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Litigants in Person, Costs Budgeting and McKenzie Friends: A Practical View from the Bar – Littleton Chambers

Posted November 9th, 2016 in budgets, civil procedure rules, costs, McKenzie friends, news by sally

‘In his monthly column, James Bickford Smith discusses two important decisions concerning respectively the applicability of costs budgeting rules to litigants in person and the court’s approach to attempts to control a litigant’s choice of McKenzie friends.’

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Littleton Chambers, 7th November 2016

Source: www.littletonchambers.com

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Exemplary Damages in the Tort of Deceit – Park Square Barristers

Posted November 9th, 2016 in civil procedure rules, costs, damages, deceit, fraud, insurance, news by sally

‘On the 1st November 2016 at Manchester County Court Toby Coupe, instructed by Toby Evans (Partner, Keoghs LLP) and Richard Harvey (Senior Claims Handler, Zurich Insurance PLC) to act on behalf of Zurich Insurance PLC (‘Zurich’), obtained an order that the Claimants and the Second Defendant do pay Zurich £5,000 in exemplary damages and £16,844.04 in indemnity costs, such costs to be enforceable to the full extent of the Order pursuant to CPR 44.16 (1), on the basis that the claims had been found to be fundamentally dishonest.’

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Park Square Barristers, 2nd November 2016

Source: www.parksquarebarristers.co.uk

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Tribunal starts hearing competition law action brought against Law Society – Legal Futures

‘The Competition Appeal Tribunal will today begin hearing a training provider’s claim that the Law Society acted anti-competitively by requiring law firms to buy its own training in order to maintain their Conveyancing Quality Scheme (CQS) accreditation.’

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Legal Futures, 8th November 2016

Source: www.legalfutures.co.uk

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Court “does not have to accept” parties’ agreement not to budget – Litigation Futures

Posted November 8th, 2016 in appeals, budgets, civil procedure rules, competition, costs, news, tribunals by sally

‘A High Court judge has made it clear that the court is not required to go along with parties who agree to dispense with costs management.’

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Litigation Futures, 7th November 2016

Source: www.litigationfutures.com

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Council right to seek injunction against vegetable processing plant: judge – Local Government Lawyer

Posted November 8th, 2016 in costs, injunctions, local government, news, nuisance, pollution by sally

‘It was reasonable for a council to apply for an interim injunction against a company over allegations of a bad odour from its vegetable processing plant, a High Court judge has ruled.’

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Local Government Lawyer, 3rd November 2016

Source: www.localgovernmentlawyer.co.uk

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Same cost recovery principles apply to patent cases as other types of litigation, says High Court – OUT-LAW.com

Posted November 4th, 2016 in costs, news, patents by tracey

‘The principles that govern when losers of patent disputes can recover costs from winners on particular issues in the case are the same as those that apply to other types of litigation, a High Court judge has said.’

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OUT-LAW.com, 2nd November 2016

Source: wwww.out-law.com

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Court of Protection Update (Autumn 2016): Part 2 – Family Law Week

Posted November 3rd, 2016 in costs, Court of Protection, litigants in person, news, reporting restrictions by tracey

‘Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, conclude their review of Court of Protection developments by considering recent judgments concerning reporting restriction orders; costs and civil restraint; and participation in proceedings.’

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Family Law Week, 2nd November 2016

Source: www.familylawweek.co.uk

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Costs relevant to part 36 consequences – but not to whether offer has been beaten, says High Court – Litigation Futures

Posted November 3rd, 2016 in costs, news, part 36 offers by tracey

‘Costs should not be taken into account when deciding whether a part 36 offer has been beaten, the High Court has ruled, but they are relevant when deciding whether to apply the consequences of beating an offer.’

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Litigation Futures, 1st November 2016

Source: www.litigationfutures.com

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Hillsborough inquests: Families’ legal fees were £63.6m – BBC News

Posted November 3rd, 2016 in costs, families, health & safety, inquests, legal aid, legal representation, news, police, sport by tracey

‘Legal costs for the families at the inquests into the deaths of the 96 Hillsborough victims totalled £63.6m.’

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BBC News, 2nd November 2016

Source: www.bbc.co.uk

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Lawyer rebuked for gloating at ‘win’ over parents seeking special needs support – The Guardian

‘he lawyer who sent a series of tweets gloating at a tribunal victory over parents who were trying to get specialist support for an autistic child has been given an official rebuke by the Solicitors’ Regulation Authority.’

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The Guardian, 2nd November 2016

Source: www.guardian.co.uk

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Funding revisited – New Law Journal

Posted October 31st, 2016 in costs, fees, legal aid, news by sally

‘David Wright examines a recurring costs theme.’

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New Law Journal, 18th October 2016

Source: www.newlawjournal.co.uk

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Cost benefit analysis – New Law Journal

Posted October 31st, 2016 in civil procedure rules, costs, news, wasted costs orders by sally

‘Costs orders: who pays & when, asks Kerry Underwood.’

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New Law Journal, 20th October 2016

Source: www.newlawjournal.co.uk

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One direction – New Law Journal

Posted October 31st, 2016 in costs, damages, news, part 36 offers, personal injuries by sally

‘Kerry Underwood examines qualified one-way costs shifting.’

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New Law Journal, 18th October 2016

Source: www.newlawjournal.co.uk

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Departing Jackson – New Law Journal

Posted October 31st, 2016 in budgets, case management, civil procedure rules, costs, news by sally

‘Francis Kendall reports on a positive result for costs budgeting.’

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New Law Journal, 18th October 2016

Source: www.newlawjournal.co.uk

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Supreme Court to hear trio of cases on continuing success fee and ATE recoverability – Litigation Futures

Posted October 28th, 2016 in costs, fees, insurance, news, precedent, Supreme Court by sally

‘The Supreme Court has consolidated three cases on whether the continuing recoverability of additional liabilities in publication and privacy cases are incompatible with publishers’ rights to freedom of expression.’

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Litigation Futures, 27th October 2016

Source: www.litigationfutures.com

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Offensive weapons, sentencing and costs – Law Society’s Gazette

Posted October 26th, 2016 in costs, news, offensive weapons, sentencing by sally

‘While an offence of possessing an offensive weapon does not occur if a person is lawfully in possession of an article when it is suddenly used in the heat of an altercation, R v Tucker [2016] EWCA Crim 13 confirms that it is otherwise if a person leaves the scene to collect a weapon.’

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Law Society’s Gazette, 10th October 2016

Source: www.lawgazette.co.uk

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