CA overturns costs order that penalised one party when other was also at fault – Litigation Futures

Posted March 29th, 2016 in appeals, costs, news by sally

‘The Court of Appeal has overturned a circuit judge’s decision to make a costs order against a successful claimant who failed to accept an offer he should have done, because the judge had failed to take account of the defendant’s conduct as well.’

Full story

Litigation Futures, 23rd March 2016

Source: www.litigationfutures.com

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High Court judge tells parties to have another go at disproportionate budgets – Litigation Futures

Posted March 23rd, 2016 in budgets, costs, news, proportionality by tracey

‘A £5m costs budget for a claim worth just over £7m has been ruled disproportionate, with the claimants told to return to the High Court with a new figure.’

Full story

Litigation Futures, 22nd March 2016

Source: www.litigationfutures.com

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Stevensdrake v Hunt and the indemnity principle – Hardwicke Chambers

Posted March 22nd, 2016 in agreements, costs, fees, indemnities, law firms, news by sally

‘Having successfully obtained judgment for your client in a case where your firm of solicitors is acting under a conditional fee agreement (CFA), it is only natural that thoughts will turn to the firm’s own impending financial reward. But the terms of a CFA, negotiated at the outset of the case, can prove to be a barrier to their underlying commercial purpose: payment by result.’

Full story

Hardwicke Chambers, 17th March 2016

Source: www.hardwicke.co.uk

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Same Accident, Same Defendant, Two Separate CNFs (One Claiming Vehicle Damage and Credit Hire; the Other PI) Proceed as Separate Claims at all Times, One Settles After Issue, the Other Does Not and is Issued – Abuse of Process or Not? – Zenith PI Blog

Posted March 22nd, 2016 in abuse of process, accidents, costs, news, personal injuries, striking out by sally

‘Last week I went off to the County Court at Newcastle to defend a strike out application made by the Defendant alleging abuse of process. I suspect this won’t be the first time that this factual scenario has arisen where defendants have sought to strike out a claim and where they have been successful, but here the claim was allowed to proceed because it was found that there was no abuse.’

Full story

Zenith PI Blog, 21st March 2016

Source: www.zenithpi.wordpress.com

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High Court rejects Clifford’s attempt to slash costs through “inadequate” Calderbank offer – Litigation Futures

Posted March 21st, 2016 in costs, damages, news, part 36 offers, privacy, proportionality, striking out by tracey

‘The High Court has rejected jailed publicist Max Clifford’s attempt to limit his costs to only £5,000 in a privacy claim by making an “inadequate” Calderbank offer.’

Full story

Litigation Futures, 21st March 2016

Source: www.litigationfutures.com

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Legal expenses insurance tax hike is yet another barrier to justice – The Bar Council

Posted March 21st, 2016 in barristers, budgets, costs, expenses, fees, insurance, press releases, taxation by tracey

‘The Bar Council has warned that the Chancellor of the Exchequer’s Budget announcement that the Insurance Premium Tax will go up yet again is another barrier for hardworking individuals and families seeking justice.’

Full press release

The Bar Council, 18th March 2016

Source: www.barcouncil.org.uk

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Daily Mail loses challenge to recoverable ATE – but success fee uncertainty heads to Supreme Court – Litigation Futures

Posted March 17th, 2016 in appeals, costs, fees, freedom of expression, insurance, media, news, Supreme Court by tracey

‘Recoverable after-the-event insurance (ATE) premiums are not incompatible with a publisher’s right to freedom of expression, the High Court has ruled – but it is asking the Supreme Court to resolve the case law tension over recoverable success fees in publications proceedings.’

Full story

Litigation Futures, 15th March 2016

Source: www.litigationfutures.com

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Defendants lose out as judges insist on strict interpretation of part 36 – Litigation Futures

Posted March 17th, 2016 in civil procedure rules, costs, interpretation, news, part 36 offers by tracey

‘Defendants have failed in two separate recent attempts to persuade courts to interpret the part 36 costs rules in a way that suited them.’

Full story

Litigation Futures, 16th March 2016

Source: www.litigationfutures.com

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Littlestone and others v Macleish – WLR Daily

Posted March 15th, 2016 in appeals, civil procedure rules, costs, law reports, part 36 offers by sally

Littlestone and others v Macleish [2016] EWCA Civ 127

‘An admitted payment on account of a claim following a Part 36 offer to settle a claim of a higher amount was, in the absence of contrary agreement, made as much on account of the Part 36 offer as on account of the full sum claimed. It would be an absurdity for a defendant to be bound to pay an aggregated total of a Part 36 offer and an admissions payment that was larger than the total sum claimed (paras 23–24).’

WLR Daily, 10th March 2016

Source: www.iclr.co.uk

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The UPC – free opt-outs and UK alignment – Technology Law Update

Posted March 14th, 2016 in costs, EC law, fees, intellectual property, news, patents by sally

‘Europe’s new unitary patent is still on track, with a start date in spring 2017 now viewed as likely. Among the ongoing business of the Unified Patent Court’s Preparatory Committee a final publication on court fees and recoverable costs has recently been issued.’

Full story

Technology Law Update, 11th March 2016

Source: www.technology-law-blog.co.uk

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Finance and Divorce Update (March 2016) – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during February 2016.’

Full story

Family Law Week, 5th March 2016

Source: www.familylawweek.co.uk

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CA strikes down judge’s decision not to award 10% Simmons uplift – Litigation Futures

Posted March 4th, 2016 in appeals, costs, damages, judiciary, legal aid, news, personal injuries by tracey

‘A circuit judge was wrong to believe he had discretion not to apply the post-LASPO 10% uplift in damages, the Court of Appeal has ruled.’

Full story

Litigation Futures, 3rd March 2016

Source: www.litigationfutures.com

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Refusing to prove ability to pay costs is not a justified litigation tactic, says CA – Litigation Futures

Posted March 4th, 2016 in appeals, budgets, confidentiality, costs, news by tracey

‘A High Court ruling denying an order for security for costs even though the party involved refused to show that it could pay costs was “illogical and unacceptable”, the Court of Appeal has decided.’

Full story

Litigation Futures, 4rh March 2016

Source: www.litigationfutures.com

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High Court judge dismisses ‘capricious’ charges by Djibouti against London-based businessman – The Independent

Posted March 3rd, 2016 in corruption, costs, news, witnesses by sally

‘A three-year multimillion-pound legal battle ended in victory for a London-based businessman, after a High Court judge dismissed the charges against him and launched a scathing attack on the President of Djibouti, Ismail Omar Guelleh.’

Full story

The Independent, 3rd March 2016

Source: www.independent.co.uk

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Becky Watts killers received £400,000 in legal aid – BBC News

Posted March 3rd, 2016 in appeals, costs, legal aid, news, trials by sally

‘The killers of Bristol teenager Becky Watts were granted more than £400,000 in legal aid, a Freedom of Information request has revealed.’

Full story

BBC News, 3rd March 2016

Source: www.bbc.co.uk

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Part 36 Trumps Fixed Costs (and no Donald in Sight): Broadhurst and Taylor v Tan and Smith [2016] EWCA Civ 94 – Zenith PI Blog

‘In a claim which starts under the Pre-Action Protocol for Low Value Personal Injury Claims (in this case the RTA Protocol), what happens when a Claimant obtains a judgment against a defendant which is at least as advantageous to them as the proposals contained in a Part 36 offer – does the Claimant recover fixed costs only, as per the regime, or does the Claimant recover costs on an indemnity basis?’

Full story

Zenith PI Blog, 1st March 2015

Source: www.zenithpi.wordpress.com

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Curbs on ‘shameless’ armed forces claims within weeks – Law Society’s Gazette

‘Measures to curb legal claims against members of the armed forces are likely to be introduced this month.’

Full story

Law Society’s Gazette, 2nd March 2016

Source: www.lawgazette.co.uk

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Sole practitioner who overcharged client by 500% is struck off – Legal Futures

‘A sole practitioner who overcharged by 500% for private client work has been struck off by the Solicitors Disciplinary Tribunal (SDT).’

Full story

Legal Futures, 2nd March 2016

Source: www.legalfutures.co.uk

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Statements of Truth, Translation and Witnesses with Poor English – Zenith PI Blog

‘The CPR includes surprisingly demanding requirements, and draconian sanctions, in relation to Statements of Truth from witnesses whose English is so poor that they cannot read documents in English.
Here is a helpful summary of the rules, and what, in practice, you need to do to comply with them.’

Full story

Zenith PI Blog, 1st March 2016

Source: www.zenithpi.wordpress.com

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Judge rejects NHSLA challenge to medical negligence ATE premium – Litigation Futures

Posted March 1st, 2016 in costs, health, insurance, negligence, news by sally

‘A circuit judge has rejected a challenge by the NHS Litigation Authority (NHSLA) to a medical negligence ATE insurance premium described by the claimant as a “perfectly normal block policy”.’

Full story

Ligitation Futures, 29th February 2016

Source: www.litigationfutures.com

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