Employment Tribunal Fees: The evidential ‘hot potato’ to be heard by Court of Appeal – UK Human Rights Blog

Posted December 19th, 2014 in employment tribunals, fees, judicial review, news by sally

‘The Divisional Court (Lord Justice Elias and Mr Justice Foskett) has dismissed Unison’s second-generation attempt to challenge by judicial review the legality of the Employment Tribunal fees system but gave permission to appeal to the Court of Appeal. The “striking” reduction in claims (79 per cent fewer) presented to Employment Tribunals, Lord Justice Elias accepted, was evidence that the system was “extremely onerous” for people in the position of the hypothetical claimants construed by Unison in their legal argument but “not so burdensome as to render the right illusory” (paragraph 53).’

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UK Human Rights Blog, 18th December 2014

Source: www.ukhumanrightsblog.com

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Regina (Unison) v Lord Chancellor (Equality and Human Rights Commission intervening) (No 2) – WLR Daily

Posted December 19th, 2014 in EC law, employment tribunals, fees, law reports, sex discrimination by sally

Regina (Unison) v Lord Chancellor (Equality and Human Rights Commission intervening) (No 2) [2014] EWHC 4198 (Admin); [2014] WLR (D) 543

‘On the evidence before the court, the fee scheme imposed under the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 did not breach the European Union principle of effective access to a court and had not been demonstrated to be indirectly discriminatory to women.’

WLR Daily, 17th December 2014

Source: www.iclr.co.uk

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CMA to investigate competition law violation by estate agent trade association and members – Zenith Chambers

Posted December 11th, 2014 in competition, estate agents, fees, news, price fixing by sally

‘The Competition and Markets Authority has announced that it will probe as a priority suspected anticompetitive agreements involving three companies and a trade association operating in the property sales and lettings sector. The investigation puts under the spotlight possible violations of competition law relating to the setting and advertising of fees by estate agents. The CMA has concerns that the arrangements restricted choice for consumers and their ability to compare prices and value for money.’

Full story (PDF)

Zenith Chambers, 11th December 2014

Source: www.zenithchambers.co.uk

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Litigation Trends Survey – Post Mitchell – New Law Journal

Posted December 11th, 2014 in costs, fees, law firms, news by sally

‘In the third NLJ / LSLA litigation trends survey, James Baxter reports on how firms and practitioners are seeking clarity post-Mitchell.’

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New Law Journal, 11th December 2014

Source: www.newlawjournal.co.uk

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“We’re all in this together”, says incoming Bar Council Chairman in Inaugural Address – The Bar Council

Posted December 10th, 2014 in barristers, budgets, fees, judicial review, legal aid, news by sally

‘Incoming Chairman of the Bar Council, Alistair MacDonald QC, has pledged he will “continue the excellent work” started by predecessors Maura McGowan QC and outgoing Chairman, Nicholas Lavender QC, in preventing further cuts to legal aid, in order to defend a “proud and independent profession”.’

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The Bar Council, 9th December 2014

Source: www.barcouncil.org.uk

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New Bar leader: young barristers should take place of paid McKenzie Friends – Legal Futures

Posted December 10th, 2014 in barristers, fees, McKenzie friends, news, solicitors by sally

‘Junior barristers should get themselves accredited for direct access work and act in cases where people are currently relying on paid McKenzie Friends, the incoming Bar Council chairman has said as he promised to promote direct access to the public.’

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Legal Futures, 10th December 2014

Source: www.legalfutures.co.uk

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Costs, Confusion and Compromise – Keynote Address of Mr Justice Foskett

Posted December 4th, 2014 in arbitration, costs, fees, judges, limitations, news, speeches by sally

Costs, Confusion and Compromise (PDF)

Keynote Address of Mr Justice Foskett

Professional Negligence Lawyers’ Association Annual Conference, 4th December 2014

Source: www.judiciary.gov.uk

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LSB approves BSB’s application to regulate entities – Bar Standards Board

‘The Bar Standards Board (BSB) is pleased to confirm that its application to the Legal Services Board (LSB) to become a regulator of entities – businesses authorised to carry out and provide reserved legal activities – has been approved.’

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Bar Standards Board, 2nd December 2014

Source: www.barstandardsboard.org.uk

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Crown court fees – Law Society’s Gazette

Posted December 2nd, 2014 in courts, Crown Court, fees, news, trials by sally

‘The first change relates to cases when the defendant elected trial and solicitors had been restricted to the fixed fee, even though the Crown did not proceed at all, and the defendant is acquitted on the order of a judge. In these cases, provided the case goes beyond the plea and case management hearing, a cracked trial fee will be paid.’

Full story

Law Society’s Gazette, 1st December 2014

Source: www.lawgazette.co.uk

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Legal aid contracts for on-call criminal solicitors to be slashed by two-thirds – The Guardian

‘On-call, duty contracts for criminal solicitors to attend police stations and courts will be slashed from 1,600 to 527 in England and Wales, the Ministry of Justice has confirmed.’

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The Guardian, 27th November 2014

Source: www.guardian.co.uk

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The consequences of non payment of Court fees and the failure to file trial bundles – A recent case considered – Zenith PI Blog

Posted November 24th, 2014 in case management, delay, fees, news, solicitors, striking out by sally

‘Despite solicitors for three claimants failing to pay the relevant court fees, failing to file a pre-trial checklist, and failing to prepare a trial bundle (which caused the trial window to be lost) it was nonetheless inappropriate to strike out the claim- the case was all but ready for trial and the claim was not insubstantial.’

Full story

Zenith PI Blog, 21st November 2014

Source: www.zenithpi.wordpress.com

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Backlash on whiplash – New Law Journal

Posted November 18th, 2014 in compensation, expert witnesses, fees, Ministry of Justice, news, personal injuries by sally

‘Chris Pamplin looks at recent moves by the Ministry of Justice to control the whiplash claims industry & MROs.’

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New Law Journal, 14th November 2014

Source: www.newlawjournal.co.uk

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JR looms as MoJ admits: new whiplash rules “could lead to misunderstanding” – Litigation Futures

‘The Ministry of Justice (MoJ) has admitted that the new rules for whiplash claims, introduced on 1 October this year, “could in practice lead to some misunderstanding” and may have to be amended.’

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Litigation Futures, 14th November 2014

Source: www.litigationfutures.com

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Judge hits out at system that encourages solicitors to charge barristers referral fees – Legal Futures

‘Mr Justice Green, chairman of the Advocacy Training Council, has condemned the lack of a “level playing field” for publicly funded advocates, which is leading to the practice of “selling litigation rights”.’

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Legal Futures, 13th November 2014

Source: www.legalfutures.co.uk

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Judge hits out at system that encourages solicitors to charge barristers referral fees – Legal Futures

Posted November 13th, 2014 in advocacy, barristers, fees, judges, legal aid, news, solicitors by tracey

‘Mr Justice Green, chairman of the Advocacy Training Council, has condemned the lack of a “level playing field” for publicly funded advocates, which is leading to the practice of “selling litigation rights”.’

Full story

Legal Futures, 13th November 2014

Source: www.legalfutures.co.uk

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New payday loan rules to cap fees, total cost and default charges – The Guardian

Posted November 11th, 2014 in consumer credit, consumer protection, fees, financial regulation, interest, news by michael

‘The UK’s financial watchdog is clamping down on payday loans, with new rules to ensure that borrowers are never forced to repay more than twice the sum of their original loan.’

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The Guardian, 11th November 2014

Source: www.guardian.co.uk

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Inquiries as to Damages in the Patents County Court: Henderson v All Around the World Recordings Ltd – NIPC Law

Posted November 5th, 2014 in copyright, damages, fees, inquiries, intellectual property, news by sally

‘I last discussed this litigation in Success Fees and ATE Premiums in the Patents County Court: Henderson v All Around the World Recordings Ltd 4 May 2013. I set out the basic facts in my case note:

“This was an action for infringement of a performer’s rights which Judge Birss QC (as he then was) decided in Henderson v All Around the World Recordings Ltd and Another [2013] EWPCC 7 (13 Feb 2013)……. She had not been entirely successful and the costs of an unsuccessful copyright claim and half the costs of an application were awarded against her but she had succeeded overall.”‘

Full story

NIPC Law, 5th November 2014

Source: www.nipclaw.blogspot.co.uk

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Phasing in new legislation – Law Society’s Gazette

‘The major piece of criminal law legislation for 2014 is the Anti-Social Behaviour, Crime and Policing Act. It has been brought gradually into force throughout the year.’

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Law Society’s Gazette, 3rd November 2014

Source: www.lawgazette.co.uk

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Grayling shelves plan to double the fee for getting a divorce – The Independent

Posted October 27th, 2014 in budgets, costs, divorce, families, fees, news by sally

‘The Secretary of State for Justice, Chris Grayling, has quietly shelved plans to nearly double the fee for filing a divorce petition.’

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The Independent, 26th October 2014

Source: www.independent.co.uk

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The cost of dying with an outdated will is ‘£9,700′ – Daily Telegraph

Posted October 23rd, 2014 in costs, fees, intestacy, news, wills by sally

‘Research suggests that a combined £175 million in assets is lost each year to bereaved families if a relative dies intestate or with an outdated will.’

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Daily Telegraph, 22nd October 2014

Source: www.telegraph.co.uk

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