Coulson J slashes “entirely unreliable” costs budget from £9.5m to £4.3m – Litigation Futures

Posted March 9th, 2015 in budgets, civil procedure rules, costs, damages, news, proportionality, solicitors by tracey

‘The High Court has slashed a claimant company’s costs budget from £9.5m to £4.3m, describing it as “entirely unreliable” and “deliberately manipulated”.’

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Litigation Futures, 9th March 2015

Source: www.litigationfutures.com

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EAT denies claimants court fees recovery because union paid them – Litigation Futures

‘A group of employees who successfully appealed a tribunal ruling over the interpretation of their contracts cannot recover court fees because their union paid them, the Employment Appeal Tribunal (EAT) has decided.’

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Litigation Futures, 4th March 2015

Source: www.litigationfutures.com

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Family court hammers firm in compliance crackdown – Law Society’s Gazette

Posted March 5th, 2015 in civil procedure rules, costs, family courts, news by tracey

‘The family court has renewed a stern message to litigants that it will not tolerate non-compliance with court orders. The Honourable Mr Justice Keehan said practitioners must be made aware that poor practices pre-dating new Civil Procedure Rules should no longer be a feature of family litigation.’

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Law Society’s Gazette, 4th March 2015

Source: www.lawgazette.co.uk

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Grayling JR amendment ‘unlawful’ – High Court – Law Society’s Gazette

Posted March 4th, 2015 in costs, judicial review, legal aid, news, regulations, remuneration by sally

‘Regulations that would have limited access to judicial review are unlawful, the High Court ruled today.’

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Law Society’s Gazette, 3rd March 2015

Source: www.lawgazette.co.uk

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Neknominate goldfish man banned from owning fish – BBC News

‘A man who was filmed swallowing a goldfish for the Neknominate online drinking game has been been banned from owning fish for five years.’

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BBC News, 2nd March 2015

Source: www.bbc.co.uk

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Appeal judges reject bid for costs in case that started out in small claims court – Litigation Futures

Posted March 2nd, 2015 in appeals, civil procedure rules, costs, insurance, news, small claims by sally

‘A claimant who took a credit hire case from the small claims court all the way to the Court of Appeal must pay her own costs because the defendant insurer’s behaviour was not “unreasonable”, appeal judges have ruled.’

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Litigation Futures, 2nd March 2015

Source: www.litigationfutures.com

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Alternative dispute resolution – Law Society’s Gazette

‘The recent case of Laporte v The Commissioner for the Police of the Metropolis [2015] EWHC 371 (QB), which came before Turner J (pictured), reinforced the pro-ADR stance of courts and the obligation on parties to seriously consider and engage with ADR processes. Although the case also dealt with indemnity costs, this article specifically focuses upon ADR.’

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Law Society’s Gazette, 2nd March 2015

Source: www.lawgazette.co.uk

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Al-Sweady file exposes the smearing of British soldiers – Daily Telegraph

‘Evidence drawn up on David Cameron’s orders alleges that Public Interest Lawyers continued to pursue torture and murder claims for a year after realising that they may be “untrue”.’

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Daily Telegraph, 1st March 2015

Source: www.telegraph.co.uk

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International Children Law Update: February 2015 – Family Law Week

Posted February 27th, 2015 in child abduction, costs, enforcement, foreign jurisdictions, news, wardship by tracey

‘Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.’

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Family Law Week, 23rd February 2015

Source: www.familylawweek.co.uk

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No entitlement to human rights damages after ‘caste discrimination’ case collapse – UK Human Rights Blog

‘The High Court has ruled that when long-running employment tribunal hearing collapsed as the result of the judge’s recusal due to apparent bias the claimants in the action could not obtain damages for wasted costs under section 6 of the Human Rights Act (HRA) 1998 (specifically Article 6, the right to a fair trial) or the EU Charter.’

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UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

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Council gets High Court breach of contract claim from care provider struck out – Local Government Lawyer

Posted February 25th, 2015 in care homes, contracts, costs, fees, local government, news, residential care by sally

‘Cornwall Council has successfully applied to have a breach of contract claim brought by a care provider struck out just as a trial listed for five days was about to start.’

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Local Government Lawyer, 24th February 2015

Source: www.localgovernmentlawyer.co.uk

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Ending flexible tenancies – a reminder – NearlyLegal

Posted February 25th, 2015 in costs, forfeiture, housing, landlord & tenant, news by sally

‘We don’t usually (indeed ever) repost previous material on NL. But I’m making an exception for this one, because I think it is timely. Flexible tenancies have been in existence for a while in some boroughs and I would expect that it is round about now that possession proceedings for a fault based grounds (rather than the end of the term and non-renewal of the flexible tenancy) would be starting to happen. I haven’t seen any yet, but my local boroughs don’t have flexible tenancies.’

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NearlyLegal, 24th February 2015

Source: www.nearlylegal.co.uk

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Judge expresses anger at “flagrant non-compliance” with Commercial Court rules on pleadings – Litigation Futures

Posted February 23rd, 2015 in barristers, codes of practice, costs, fraud, news, penalties, pleadings, time limits by sally

‘A High Court judge has handed out a tongue-lashing and a costs penalty over a party’s failure to stick to the rules governing the length and content of statements of claim laid down in the Commercial Court Guide.’

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Litigation Futures, 23rd February 2015

Source: www.litigationfutures.com

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SRA taken to task over perceived City bias – Law Society’s Gazette

Posted February 23rd, 2015 in costs, disciplinary procedures, fines, news, professional conduct, solicitors by sally

‘The Solicitors Disciplinary Tribunal has rebuked the Solicitors Regulation Authority for giving the impression that it treats City lawyers more leniently than solicitors from smaller firms in prosecuting allegations of lack of integrity.’

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Law Society’s Gazette, 23rd February 2015

Source: www.lawgazette.co.uk

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ATE insurer not estopped from avoiding policy, High Court rules – Litigation Futures

Posted February 19th, 2015 in costs, estoppel, fraud, insolvency, insurance, misrepresentation, news by sally

‘After-the-event (ATE) insurer Temple Legal Protection was not estopped from avoiding payment on a policy after a fraudulent misrepresentation, the High Court has ruled.’

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Litigation Futures, 18th February 2015

Source: www.litigationfutures.com

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Teacher fined for posting pro-Hitler image on Facebook aimed at Jews – Daily Telegraph

Posted February 19th, 2015 in costs, fines, internet, news, racism, teachers by sally

‘Mahmudul Choudhury faces losing job after admiting racially-aggravated offence aimed at Jews after sharing photo of former Nazi leader on Facebook.’

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Daily Telegraph, 18th February 2015

Source: www.telegraph.co.uk

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Something must be done – will a partial return to Calderbank fit the Bill (or at least reduce it)? – Family Law Week

Posted February 16th, 2015 in costs, divorce, families, family courts, financial provision, news by sally

‘Tom Wilson, pupil at 1 Garden Court Family Law Chambers, examines the possibility of a partial re-introduction of the Calderbank offer.’

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Family Law Week, 12th February 2015

Source: www.familylawweek.co.uk

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Insurance surgery: Up for the challenge – New Law Journal

‘How should local authorities respond to the compensation claims landscape, asks Carol Dalton.’

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New Law Journal, 13th February 2015

Source: www.newlawjournal.co.uk

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Challenging a refusal of permission to appeal by the Upper Tribunal – Free Movement

‘If permission to appeal against a decision of a First-tier Tribunal in a welfare benefits case is refused by the Upper Tribunal (Administrative Appeals Chamber), then the claimant will not be able to appeal that decision. This is because it is an excluded decision under s. 13(8)(c) of the Tribunals, Courts and Enforcement Act 2007, and the Upper Tribunal has no jurisdiction to review its refusal of permission by virtue of s.10(1) and s.13(8)(d)(i) of the 2007 Act. This means the only remedy available is by way of judicial review (Samuda v Secretary of State for Work and Pensions [2014] EWCA Civ 1). The deadline for applying for judicial review against a refusal of permission by an Upper Tribunal is 16 days. CPR rule 54.7A(3).’

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Free Movement, 16th February 2015

Source: www.freemovement.org.uk

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Important Presidential decision on costs in immigration cases – Free Movement

Posted February 13th, 2015 in costs, immigration, news, tribunals by tracey

‘The Presidents of the Immigration and Asylum Chambers sat together in the First-tier Tribunal case of Cancino (costs – First-tier Tribunal – new powers) [2015] UKFTT 00059 (IAC) in order to give guidance on when legal costs might become payable in immigration cases. The power to make awards of legal costs to a party in immigration appeals was only introduced in October 2014 and there has been no real guidance until now.’

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Free Movement, 13th February 2015

Source: www.freemovement.org.uk

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