Category: costs

Lumb v Lumb: fitting together the costs rules in probate disputes with the general ethos of the CPR – Wilberforce Chambers

Posted November 8th, 2023 in chambers articles, civil procedure rules, costs, news, probate by sally

‘Lumb v Lumb [2023] EWHC 2052 (Ch) was an appeal on costs which sheds interesting light on how general rules of the CPR fit together with special provisions governing probate disputes. On a related note, it offers a case study of how the modern ethos of deterring dubious litigation can interact with legal principles of an earlier vintage. There were various other points of interest in the case, but I focus here on this theme.’

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Wilberforce Chambers, 30th October 2023

Source: www.wilberforce.co.uk

Court rejects ‘fishing expedition’ for firm’s call recording – Law Society’s Gazette

Posted November 6th, 2023 in costs, disclosure, fees, law firms, news, solicitors, telecommunications by tracey

‘A costs judge has refused a former client’s plea for a recording of the call where they signed up to instruct a law firm. In Turner v Coupland Cavendish, Costs Judge Rowley said the call recording remained the solicitors’ property rather than the client’s and did not need to be disclosed.’

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Law Society's Gazette, 6th November 2023

Source: www.lawgazette.co.uk

From costs to validating advice – litigators see role for AI – Legal Futures

Posted November 3rd, 2023 in artificial intelligence, costs, law firms, legal services, news, solicitors by tracey

‘Artificial intelligence (AI) will have multiple uses for litigators, including helping with costs budgeting and validating advice to clients, a leading partner at Eversheds Sutherland has predicted.’

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Legal Futures, 3rd November 2023

Source: www.legalfutures.co.uk

Fixed costs rules not as simple as we wanted, Birss admits – Legal Futures

Posted October 30th, 2023 in civil justice, costs, news by tracey

‘The deputy head of civil justice has issued a robust defence of the new regime of fixed recoverable costs (FRCs) for cases worth up to £100,000 – while acknowledging it is not as simple as he would like.’

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Legal Futures, 30th October 2023

Source: www.legalfutures.co.uk

Firm’s ‘unrealistic’ estimate of costs in professional negligence case was ‘inadequate’, judge finds – Law Society’s Gazette

Posted October 24th, 2023 in costs, law firms, negligence, news by tracey

‘Al aw firm acting in a professional negligence claim against another firm gave “unrealistic” estimates and the incurred costs were “likely to be unreasonable”, a judge has found.’

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Law Society's Gazette, 23rd October 2023

Source: www.lawgazette.co.uk

Adaptable lawyers will thrive in an AI world, judge says – Law Society’s Gazette

Posted October 23rd, 2023 in artificial intelligence, costs, news, solicitors by tracey

‘Costs lawyers will still have work to do in an AI-dominated world – but they must be willing to retrain and adapt to take advantage of the opportunities available.’

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Law Society's Gazette, 20th October 2023

Source: www.lawgazette.co.uk

A new intermediate track– All change for the civil procedure rules – Becket Chambers

Posted October 19th, 2023 in case management, chambers articles, civil procedure rules, costs, news by sally

‘You can never have too many tracks, said no one ever. Apart from Sir Rupert Jackson who recommended that the small, fast and multi-track should be (and is from the 1st of October 2023), augmented to include a new intermediate track.’

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Becket Chambers, 29th September 2023

Source: becket-chambers.co.uk

The Building Safety Act 2022 – Remediation Contribution Orders and Cost Recovery – Falcon Chambers

Posted October 19th, 2023 in building law, chambers articles, contribution, costs, health & safety, news, repairs, tribunals by sally

‘One of the things that may be surprising about remediation orders and remediation contribution orders, both potentially expensive pieces of litigation that leaseholders may be forced to pursue, is that the FtT’s jurisdiction on costs is the “no costs” jurisdiction under rule 13 of its Rules. Costs (beyond payment of application fees) can only be awarded by the FtT if a party has behaved unreasonably, a high threshold, or for wasted costs (likewise). Although the Building Safety Act 2022 did not expressly say that the FtT was to have this no costs jurisdiction (rather than its costs jurisdictions for example in relation to its Land Registration or telecoms), amendments to the Rules from 1 November 2022 make express which jurisdictions can have real cost implications. The new Building Safety Act jurisdictions are not included.’

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Falcon Chambers, 18th September 2023

Source: www.falcon-chambers.com

Appeals from personal welfare decisions – the Court of Appeal allocates the costs – Mental Capacity Law and Policy

Posted October 17th, 2023 in appeals, consent, costs, Court of Protection, elderly, medical treatment, news by sally

‘In Re VA (Medical Treatment) [2023] EWCA Civ 1190, the Court of Appeal considered an appeal by a litigant in person (on her behalf, and on behalf of other family members) from a decision[1] of Hayden J relating to her mother, a 78 year old woman identified as VA. Hayden J had declared that VA lacked capacity to conduct proceedings or consent to medical treatment including extubation and associated treatment and care. The order further provided that, pursuant to s.16 MCA 2005, it was in VA’s best interests, and the court consented on her behalf, to undergo extubation and the provision of palliative care in accordance with a care and treatment plan prepared by the treating team at the hospital where she was being looked after. The order was made some seven weeks after Morgan J endorsed a consent order that a tracheostomy and insertion of a PEG was in VA’s best interests, but in circumstances where very shortly afterwards the woman’s daughter, VK, sought to challenge the position.’

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Mental Capacity Law and Policy, 15th October 2023

Source: www.mentalcapacitylawandpolicy.org.uk

Rule committee warned government over clin neg fixed fee timetable – Legal Futures

Posted October 12th, 2023 in civil procedure rules, costs, fees, hospitals, negligence, news by sally

‘The Civil Procedure Rule Committee (CPRC) warned the government in July about the difficulty of meeting the timetable for the new regime of fixed costs in low-value clinical negligence cases, it has emerged.’

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Legal Futures, 12th October 2023

Source: www.legalfutures.co.uk

Sanctioned company has “right to access courts”, appeal judges rule – Legal Futures

Posted October 10th, 2023 in brexit, costs, freezing injunctions, news, Russia, sanctions, stay of proceedings by sally

‘The Court of Appeal has rejected a Russian tycoon’s bid to stay an $850m claim brought against him by two Russian banks, despite one of them being sanctioned, citing the right to access the courts.’

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Legal Futures, 9th October 2023

Source: www.legalfutures.co.uk

I was innocent – but it cost me £500,000 to prove it – BBC News

Posted October 9th, 2023 in appeals, child abuse, costs, DNA, evidence, forensic science, legal aid, miscarriage of justice, news, sexual offences by sally

‘Each year, thousands of people in England and Wales are accused of crimes for which they are later acquitted. While their names may be cleared, they are often left emotionally and financially devastated – as Brian Buckle, who was wrongfully convicted of sexually abusing a child, discovered first-hand.’

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BBC News, 6th October 2023

Source: www.bbc.co.uk

Labour seeking to delay antisemitism leak lawsuit until after election – The Guardian

Posted October 6th, 2023 in complaints, costs, delay, elections, equality, Judaism, news, political parties, race discrimination, racism, religious discrimination by michael

‘Labour is seeking to delay until after the general election a court case against five former staff alleging they leaked a report concerned with the party’s handling of antisemitism complaints, as its costs were said to have apparently soared to £1.4m.’

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The Guardian, 6th October 2023

Source: www.theguardian.com

Cladding remediation and related costs recovery – a new case in the FTT: St John Street Property Services Ltd v Riverside Group Ltd – Tanfield Chambers

Posted October 4th, 2023 in chambers articles, costs, damages, defective premises, fire, health & safety, landlord & tenant, news, repairs by sally

‘Robert Bowker and Jeremy Weaver, an associate director at Bradys Solicitors analyse the recent case of St John Street Property Services Group v Riverside Group Ltd.’

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Tanfield Chambers, 11th September 2023

Source: www.tanfieldchambers.co.uk

Inquests and the Fixed Recoverable Costs Reforms: To Be Or Not To Be? – Parklane Plowden Chambers

Posted October 4th, 2023 in chambers articles, costs, inquests, news by sally

‘Access to representation in the inquest process in relation to costs recoverability presently hangs in the balance as the final government proposals following the July MoJ consultation on Fixed Recoverable Costs (FRC) are awaited. Amongst other issues, the recoverability of inquest costs in Fatal Accident Act cases is part of the FRC consultation.’

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Parklane Plowden Chambers, 27th September 2023

Source: www.parklaneplowden.co.uk

Local authority challenges Tribunal costs awards decision following specialist school legal battle – Local Government Lawyer

Posted October 2nd, 2023 in appeals, autism, costs, education, local government, news, school children, special educational needs, tribunals by sally

‘East Sussex County Council has submitted a request for permission to appeal a decision ordering it to pay school fees costs to the family of a young autistic boy.’

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Local Government Lawyer, 29th September 2023

Source: www.localgovernmentlawyer.co.uk

Experts hit out at 20-page limit on reports in intermediate track – Legal Futures

Posted September 29th, 2023 in civil procedure rules, costs, expert witnesses, limitations, news by tracey

‘Expert witnesses have made a last-minute call to scrap the rule in the new intermediate track for civil claims that limits their reports to 20 pages.’

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Legal Futures, 29th September 2023

Source: www.legalfutures.co.uk

Anonymous litigant barred from bitcoin costs challenge – Law Society’s Gazette

Posted September 21st, 2023 in anonymity, costs, cryptocurrencies, news by sally

‘The absence of a specific procedure rule requiring a paying party’s name and address in costs assessment proceedings does not permit the party to conceal their identity from the court, an appeal judge has ruled.’

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Law Society's Gazette, 20th September 2023

Source: www.lawgazette.co.uk

Counsel’s fees to be excluded from clin neg fixed fees regime – Legal Futures

Posted September 20th, 2023 in barristers, compensation, costs, damages, fees, government departments, negligence, news, personal injuries by sally

Fees for counsel’s advice in lower-value clinical negligence cases will not be recoverable under the fixed recoverable cost (FRC) regime unless a child or protected party is involved, the Department of Health and Social Care (DHSC) has proposed.

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Legal Futures, 20th September 2023

Source: www.legalfutures.co.uk

When could issuing a claim form involve an abuse of process? – Mills & Reeve

Posted September 20th, 2023 in abuse of process, chambers articles, civil procedure rules, costs, news by sally

‘A party to litigation can act in abuse of process in many different circumstances. Abusing the process of the court can lead to the striking out of a claim or defence, or to other less draconian sanctions. In this article, we consider when a claimant could be found to have acted in abuse of process shortly before and when issuing proceedings.’

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Mills & Reeve, 19th September 2023

Source: www.mills-reeve.com