Statistics show those owed money are being “priced out of court” – The Bar Council

Posted August 25th, 2016 in courts, debts, fees, news, statistics by sally

‘Businesses and individuals seeking money owed to them are being priced out of court, warns the Bar Council, as figures from the Registry Trust show a 19 per cent drop in county court judgments against businesses in the first half of 2016.

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The Bar Council, 23rd August 2016

Source: www.barcouncil.org.uk

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Costs judge gives another CFA assignment the thumbs-up – Litigation Futures

Posted August 24th, 2016 in assignment, contracts, costs, fees, news, part 36 offers, solicitors by sally

‘The assignment of conditional fee agreements (CFAs) is under the spotlight yet again after a costs judge ruled that one had been validly made.’

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Litigation Futures, 23rd August 2016

Source: www.litigationfutures.com

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Force family lawyers to offer fixed fees, consumer panel suggests – Legal Futures

Posted August 24th, 2016 in competition, dentists, family courts, fees, legal services, news, statistics by sally

‘Family law specialists should be required to work under fixed fees, the Legal Services Consumer Panel has suggested as it ramped up its call for regulatory intervention to improve transparency in the market.’

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Legal Futures, 24th August 2016

Source: www.legalfutures.co.uk

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Brexit legal challenge: High Court bid could derail Theresa May’s EU exit timetable – The Independent

Posted August 22nd, 2016 in costs, EC law, fees, news, parliament, referendums by sally

‘Remain supporters have crowd-funded £32,000 in legal fees to argue Ms May will need Parliament’s backing before beginning formal negotiations to leave the EU.’

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The Independent, 20th August 2016

Source: www.independent.co.uk

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Rise in women facing discrimination on taking maternity leave – The Guardian

‘New mothers are facing increasing discrimination when they take maternity leave including being made redundant and switched to zero-hours contracts.’

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The Guardian, 21st August 2016

Source: www.guardian.co.uk

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Advertising watchdog raps CMC for misleading consumers about fees – Legal Futures

Posted August 17th, 2016 in advertising, claims management, fees, insurance, news by sally

‘A claims management company in Manchester has become the latest to be slapped down by the Advertising Standards Authority (ASA) after failing to make clear to potential customers that the amount of money they could receive was before its 33% fee was deducted.’

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Legal Futures, 17th August 2016

Source: www.legalfutures.co.uk

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Judge stays case until claimants pay correct court fee – Law Society’s Gazette

Posted August 17th, 2016 in contracts, fees, news, stay of proceedings by sally

‘The High Court has ruled that a contract claim against retailer Sports Direct should be stayed until the claimant has paid the correct court fee.’

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Law Society’s Gazette, 16th August 2016

Source: www.lawgazette.co.uk

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Legal aid is a national institution like the NHS, so why is it not properly funded? – The Guardian

Posted August 10th, 2016 in barristers, budgets, costs, fees, legal aid, legal representation, news, solicitors by tracey

‘The media jump on high-profile cases of criminals like Ben Butler and Jennie Gray receiving huge amounts in legal aid. The real outrage is successive governments’ policy to limit access to it.’

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The Guardian, 9th August 2016

Source: www.gaurdian.co.uk

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Anger over legal aid bill for Ellie Butler’s parents – The Guardian

‘The grandfather of murdered six-year-old Ellie Butler has condemned the legal aid granted to her killer father, amid reports the taxpayer picked up a bill of more than £1.5m for his legal expenses.’

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The Guardian, 6th August 2016

Source: www.guardian.co.uk

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Banking watchdog to announce measures to boost competition – The Guardian

Posted August 8th, 2016 in banking, competition, consumer credit, fees, news, ombudsmen, statistics by sally

‘Overdraft fees and an easier system of moving personal and small business accounts are expected to be at the centre of measures intended to bolster competition in the banking sector.’

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The Guardian, 8th August 2016

Source: www.guardian.co.uk

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High Court upholds Legal Ombudsman order that firm repay most of £37k contingency fee – Legal Futures

Posted August 5th, 2016 in fees, legal ombudsman, news, repayment, solicitors by tracey

‘The High Court has rejected a solicitor’s appeal against a Legal Ombudsman (LeO) order that he refund £34,000 of his £37,000 fee to a client he signed up to a contingency fee agreement (CFA).’

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Legal Futures, 4th August 2016

www.legalfutures.co.uk

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Bar ‘entities’ flop – so fees under review – Law Society’s Gazette

Posted August 4th, 2016 in alternative business structures, barristers, fees, news, reports by Mark L

‘The bar’s regulator is reviewing its fees after grossly overestimating the profession’s appetite for new business models. Income has fallen well short of expectations, the Bar Standards Board admits in its annual report, after entity applications turned out to be just a fraction of the hundreds anticipated when it began licensing the new model in April last year.’

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Law Society’s Gazette, 4th August 2016

Source: www.lawgazette.co.uk

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Claims Management Regulator – Misleading marketing statements – Ministry of Justice

‘We have put together a list of misleading statements which demonstrate some of the types of advertising and marketing that is not compliant with our rules.’

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Ministry of Justice, 29th July 2016

Source: www.gov.uk/government/organisations/ministry-of-justice

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‘Fraud unravels all’: landmark Supreme Court ruling – Law Society’s Gazette

Posted July 28th, 2016 in appeals, costs, deceit, fees, fraud, insurance, news, personal injuries, Supreme Court by tracey

‘In a landmark ruling for lawyers and insurers, the Supreme Court has paved the way for personal injury settlements to be successfully challenged if the claimant is subsequently found to have lied.’

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Law Society’s Gazette, 27th July 2016

Source: www.lawgazette.co.uk

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Hostile environment – Counsel

‘As the nation grapples with the impact of Brexit on migration, Ronan Toal briefs readers on the major revisions already introduced by the Immigration Act 2016.’

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Counsel, August 2016

Source: www.counselmagazine.co.uk

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Costs management – New Law Journal

Posted July 27th, 2016 in budgets, case management, civil procedure rules, costs, fees, news, time limits by sally

‘One of the most important aspects of the Jackson Reforms relates to costs budgeting and the use of Precedent H.’

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New Law Journal, 26th July 2016

Source: www.newlawjournal.co.uk

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Fees fi fo fum – New Law Journal

Posted July 27th, 2016 in advocacy, appeals, civil procedure rules, costs, courts, damages, fees, news by sally

‘David Wright discusses fixed advocacy fees.’

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New Law Journal, 26th July 2016

Source: www.newlawjournal.co.uk

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Finance & Divorce Update, July 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 June 2016.’

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Family Law Week, 15th July 2016

Source: www.familylawweek.co.uk

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Tribunal fees and access to justice – Law Society’s Gazette

Posted July 18th, 2016 in employment tribunals, fees, news by sally

‘Since July 2013, it has been necessary to pay a fee to bring a claim in the employment tribunal. This change was introduced with the goal of relieving the pressure on the taxpayer of meeting the £83m bill for running the Employment Tribunal Service. It was also envisaged that it would encourage parties to consider faster and earlier ways to settle disputes.’

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Law Society’s Gazette, 18th July 2016

Source: www.lawgazette.co.uk

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Surrey and others v Barnet and Chase Farm Hospitals NHS Trust – WLR Daily

Surrey and others v Barnet and Chase Farm Hospitals NHS Trust [2016] EWHC 1598 (QB)

‘Three separate cases involving clinical negligence litigation against the defendant hospital had been proceeding for several years prior to 1 April 2013. Under new legislation coming into force on 1 April 2013, a claimant entering into a conditional fee agreement (“CFA”) from that date would be unable to recover success fees and after the event (“ATE”) insurance premiums from the defendant if successful in the litigation. In each case the claim had initially been advanced with the benefit of legal aid, but in the month prior to 1 April 2013 the claimant’s solicitors, with the agreement of the claimant’s litigation friend, arranged for the legal aid certificate to be discharged and for the claim henceforth to be funded by a CFA to preserve the ability to recover the success fee and ATE premiums. In none of the cases was the litigation friend informed that the consequence would be the loss of the recognised 10% uplift on general damages. In each case the defendant challenged the successful claimant’s bill of costs, in so far as it sought to recover the success fee and the ATE premium, contending that the litigation friend’s decision was based on materially unreasonable advice (by reason of the omission to mention the 10% uplift) and that, since the burden was on the receiving party to establish that a cost was reasonably incurred and it was unknown what decision would have been made had proper advice been given, the doubt as to whether the additional costs were reasonably and proportionately incurred should be resolved in favour of the paying party. The costs judge in each case upheld the defendant’s challenge to those items, holding that the changed funding arrangements were not reasonable. Each claimant appealed, contending that the reasonableness of the decision to change funding had to be objectively assessed, so that the quality of any antecedent advice given to the claimants’ litigation friends was irrelevant.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

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