Private sector updates – Nearly Legal

Posted November 25th, 2016 in agency, fees, landlord & tenant, news, repossession by tracey

‘Section 8 notice prescribed form. The Govt has made The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment No. 2) Regulations 2016. The Schedule contains a new ‘form 3’ – the prescribed form of Section 8 Notice Seeking Possession. This must be used for s.8 notices served on or after 1 December 2016.’

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Nearly Legal, 23rd November 2016

Source: www.nearlylegal.co.uk/blog/

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European Court backs sex shop owners in licensing fee battle with council – Local Government Lawyer

Posted November 18th, 2016 in EC law, fees, licensing, news, sex establishments by sally

‘Licensing authorities are precluded from requiring applicants for the grant or renewal of authorisation to pay a fee that includes in part the costs of managing and enforcing the relevant scheme, the Court of Justice of the European Union has ruled.’

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Local Government Lawyer, 17th November 2016

Source: www.localgovernmentlawyer.co.uk

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CA ruling on fixed fees to have ‘substantial’ effect – Law Society’s Gazette

Posted November 14th, 2016 in civil procedure rules, costs, damages, fees, insurance, news, personal injuries by tracey

‘The Court of Appeal delivered some good news to claimants last week with a ruling on the level of fees that apply to cases listed for disposal, in a decision that Lord Justice Briggs said would have a “substantial” cumulative effect.’

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Law Society’s Gazette, 14th November 2016

Source: www.lawgazette.co.uk

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MoJ unmoved by MPs’ damning verdict on court fee hikes – Law Society’s Gazette

Posted November 11th, 2016 in budgets, civil justice, fees, Ministry of Justice, select committees by tracey

‘The Ministry of Justice shows no sign of backing down over court fee hikes, despite a damning verdict from an influential group of MPs. The Commons justice committee called in June for an overhaul of employment tribunal fees and the scrapping of this year’s increase in the divorce petition fee. The government initially stood firm on the necessity of the fees – and a full response to the committee now suggests that position has not changed.’

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Law Society’s Gazette, 9th November 2016

Source: www.lawgazette.co.uk

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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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Failure to pay correct Court fee leads to strike-out – Park Square Barristers

Posted November 9th, 2016 in courts, fees, news, proportionality, striking out by sally

‘Mr C claimed that he was injured as a result of a fall in a pub in November 2012. Proceedings were issued by Mr C four days before limitation expired in November 2015. The Statement of Value on the Claim Form limited the claim to £10,000 and the relevant court fee of £455 was paid.’

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Park Square Barristers, 17th October 2016

Source: www.parksquarebarristers.co.uk

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Number of people lodging unfair dismissal complaints plummets after Government introduces tribunal fees – The Indepedentn

‘The number of workers taking claims of unfair dismissal or discrimination to employment tribunals has slumped since charges came into force, a new study has revealed.’

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The Independent, 4th November 2016

Source: www.independent.co.uk

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Unfair dismissal cases slump under tribunal fee system, study shows – The Guardian

‘The number of workers taking claims of unfair dismissal or discrimination to employment tribunals has slumped since charges came into force, a study has revealed.’

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The Guardian, 4th November 2016

Source: www.guardian.co.uk

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Top judge warns rising court fees threaten access to justice – The Guardian

Posted November 3rd, 2016 in civil justice, courts, criminal justice, fees, judges, judiciary, news, reports by tracey

‘Excessive court fees are in danger of driving away international legal business from London and preventing access to justice, the lord chief justice has warned. In his annual report, Lord Thomas of Cwmgiedd also expresses concern about low morale in the judiciary and the difficulties in recruiting high court judges.’

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The Guardian, 3rd November 2016

Source: www.guardian,.co.uk

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FCA to investigate banks’ high-cost credit including overdrafts – The Guardian

Posted November 3rd, 2016 in banking, competition, fees, financial regulation, loans, news by tracey

‘The City regulator is to launch an investigation into loans that charge high interest rates in a move that will also wade into the controversy over fees on overdrafts. The decision by the Financial Conduct Authority (FCA) to look at overdraft charges comes after the Competitition and Markets Authority stepped back from imposing a limit on these fees after a two-year investigation into high-street banking.’

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The Guardian, 3rd 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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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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High Court rejects attempt to end case over ‘wrong’ court fee payment – Law Society’s Gazette

Posted October 20th, 2016 in courts, fees, limitations, news by tracey

‘An architect and engineering firm’s application to claim a dispute was invalid because the wrong court fees had been paid and the limitation period had expired has ‘no prospect of success’, the High Court has ruled.’

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Law Society’s Gazette, 19th October 2016

Source: www.lawgazette.co.uk

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Top law firm accused of ‘taking the p—‘ after telling lawyers to charge clients for time spent on toilet – Daily Telegraph

Posted October 10th, 2016 in fees, law firms, news by sally

‘Lawyers at a top international firm were told to charge clients even when they were taking toilet breaks – because they would still be thinking about work.’

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Daily Telegraph, 7th October 2016

Source: www.telegraph.co.uk

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Education Law Changes And How Human Rights Can Keep The Government In Check – RightsInfo

Posted September 27th, 2016 in education, equality, fees, human rights, news, universities by sally

‘The new Secretary of State for Education has recently announced a new government proposal to abolish the ban on opening new grammar schools. This proposal could ultimately be ultimately be challenged in the courts. How could the government make sure it is complying with its human rights obligations in future proposals?’

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RightsInfo, 14th September 2016

Source: www.rightsinfo.org

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Senior judge questions policy of removing court funding while raising fees – The Guardian

Posted September 21st, 2016 in asylum, costs, fees, immigration, judges, news by tracey

‘Lord Justice Jackson, the senior judge who shaped key legal reforms, has questioned the government’s policy of imposing steep rises in fees while withdrawing public funding of the court system. In a detailed legal work, entitled The Reform of Civil Litigation, the appeal court judge added his voice to the chorus of criticism from human rights groups and lawyers’ representative bodies who argue that the rises put access to justice beyond the reach of many citizens.’

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The Guardian, 21st September 2016

Source: www.guardian.co.uk

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Finance and Divorce Update September 2016 – Family Law Week

Posted September 15th, 2016 in appeals, divorce, fees, financial provision, news, pensions, periodical payments by tracey

‘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 August 2016.’

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Family Law Week, 9th September 2016

Source: www.familylawweek.co.uk

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MasterCard sued for £14bn in largest ever British legal claim – The Guardian

Posted September 9th, 2016 in class actions, competition, consumer credit, consumer protection, EC law, fees, news, tribunals by tracey

‘Credit card group MasterCard is being sued for £14bn, the largest legal claim in British history, in a landmark lawsuit over allegations that it overcharged 46m UK consumers.’

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The Guardian, 8th September 2016

Source: www.guardian.co.uk

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Supreme Court to decide on recovery of success fees and ATE premiums in publication proceedings – Litigation Futures

Posted August 31st, 2016 in appeals, costs, defamation, fees, insurance, media, news, Supreme Court by sally

‘The Supreme Court is to return to the issue of recoverability after granting permission to appeal in a case leapfrogged from the High Court about costs in defamation.’

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Litigation Futures, 30th August 2016

Source: www.litigationfutures.com

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Defending public interest lawyers – Halsbury’s Law Exchange

‘After months of rumours that staff were leaving the firm and that its founder Phil Shiner was buckling under of the pressure, Public Interest Lawyers (PIL) has announced its closure.’

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Halsbury’s Law Exchange, 30th August 2016

Source: www.halsburyslawexchange.co.uk

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