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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High Court finds inspector was entitled to reject council’s claim for section 106 administration fee – OUT-LAW.com

Posted February 10th, 2015 in appeals, fees, local government, news, planning by sally

‘The High Court has dismissed a council’s challenge to a planning inspector’s decision not to allow it to impose a standardised fee for administering and monitoring planning obligations under a section 106 agreement.’

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OUT-LAW.com, 9th February 2015

Source: www.out-law.com

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Conditional Fee Agreements – Zenith PI Blog

Posted February 6th, 2015 in contracts, fees, insurance, news, solicitors by sally

‘On 27th January 2015, the Court of Appeal handed down judgment in the case of Cox v Woodlands Manor Care Home Ltd (unreported – approved judgment is awaited) bringing home the importance of CFAs being compliant with the Cancellation of Contracts etc. Regulations 2008 and dealing with the situation where there might be legal expenses insurance cover in the background and how this might affect any CFA entered into.’

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Zenith PI Blog, 5th February 2015

Source: www.zenithpi.wordpress.com

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BBC licence fee: decriminalisation of non-payment pushed back until 2017 – The Guardian

Posted February 6th, 2015 in BBC, bills, fees, licensing, news by sally

‘The government has been defeated in the House of Lords after peers voted for an amendment backed by former BBC chairman Lord Grade preventing decriminalisation of non-payment of the licence fee before 2017.’

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The Guardian, 5th February 2015

Source: www.guardian.co.uk

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Costs and care homes – Law Society’s Gazette

‘Public authority decisions are, of course, open to judicial review. However, such decisions are fundamentally the domain of the relevant decision-maker and not the court. The court’s sole function (in appropriate cases) is to review the substantive and procedural lawfulness of the decision in question but not its intrinsic merits.’

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Law Society’s Gazette, 2nd February 2015

Source: www.lawgazette.co.uk

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Judicial College to train foreign judges – for a fee – Litigation Futures

‘The Judicial College, which trains UK judges, has said that it intends to “introduce a charging scheme for the delivery of international training”.’

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Litigation Futures, 3rd February 2015

Source: www.litigationfutures.com

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Court of Appeal: conditional fee agreement with consumer unenforceable if notice of right to cancel not given – OUT-LAW.com

Posted February 3rd, 2015 in appeals, consumer protection, contracts, fees, news by tracey

‘A conditional fee agreement (CFA) that was signed at a client’s home, rather than at the lawyer’s office, was unenforceable because the client had not been given notice of her right to cancel, the Court of Appeal has ruled.’

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OUT-LAW.com, 3rd February 2015

Source: www.outlaw.com

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Court of Appeal: Solicitors cannot recover costs if CFAs failed to comply with cancellation regulations – Litigation Futures

Posted February 2nd, 2015 in appeals, care homes, contracts, costs, fees, news, notification, personal injuries, solicitors by sally

‘Appeal judges have ruled that solicitors cannot recover their costs where conditional fee agreements (CFAs) fail to comply with the cancellation of contracts regulations, with a potential impact on a significant number of cases.’

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Litigation Futures, 2nd February 2015

Source: www.litigationfutures.com

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Lord Chief Justice calls for independent review of legal market – Legal Futures

Posted January 29th, 2015 in competition, fees, judges, legal services, news, reports by sally

‘There needs to be an independent review of the operation of the legal market to investigate whether the Legal Services Act 2007 is working and why fees have not fallen in the light of greater competition, the Lord Chief Justice said today [27 January].’

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Legal Futures, 27th January 2015

Source: www.legalfutures.co.uk

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Solicitor’s retainer not frustrated because client loses capacity, appeal judges rule – Litigation Futures

Posted January 28th, 2015 in agency, appeals, fees, mental health, news, solicitors by tracey

‘A solicitor’s retainer is not rendered “impossible of performance” simply because a claimant loses mental capacity and cannot give instructions personally, the Court of Appeal ruled today.’

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Litigation Futures, 27th January 2015

Source: www.litigationfutures.com

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Broni v Ministry of Defence; Woof v Ministry of Defence; Barbour v Ministry of Defence – WLR Daily

Posted January 27th, 2015 in armed forces, civil procedure rules, costs, employment, fees, law reports by sally

Broni v Ministry of Defence; Woof v Ministry of Defence; Barbour v Ministry of Defence [2015] EWHC 66 (QB); [2015] WLR (D) 24

‘The words “contract of service” in section 2(1) of the Employers’ Liability (Compulsory Insurance) Act 1969 Act were not to be given a construction broader than their usual meaning. It followed that the claimants, as members of the armed forces, were not “employees” for the purposes of section 2(1) the 1969 Act and the fixed success fee regime for employer’s liability claims, as set out in Section IV of CPR Pt 45 (pre 1 April 2013), did not apply to their claims against the defendant ministry.’

WLR Daily, 20th January 2015

Source: www.iclr.co.uk

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Profession unites in opposition to “disastrous” court fee rises – Litigation Futures

Posted January 27th, 2015 in consultations, courts, fees, Law Society, news by sally

‘The Law Society has pledged to challenge the government’s decision to introduce enhanced court fees from April and said it will strenuously oppose more planned hikes.’

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Litigation Futures, 27th January 2015

Source: www.litigationfutures.com

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Barristers, costs and the influence of money on lawyers – Legal Week

Posted January 23rd, 2015 in barristers, costs, fees, news by sally

‘Lord Grabiner’s cross-examination yesterday (21 January) by the Treasury Select Committee investigating the Bank of England’s role in the forex scandal provides an interesting opportunity to reflect on barristers, costs and the influence of money on lawyers.’

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Legal Week, 22nd January 2015

Source: www.legalweek.com

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Proposals for further reforms to court fees – Ministry of Justice

Posted January 20th, 2015 in civil justice, consultations, courts, fees, news, repossession by sally

‘In Part 1 of the Government response to the consultation ‘Court fees: proposals for reform’, we set out our decision to consider alternatives to the proposed fee increase for divorce.’

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Ministry of Justice, 16th January 2015

Source: https://consult.justice.gov.uk

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Cost of PI claims dropping fast, actuaries confirm – Litigation Futures

Posted January 20th, 2015 in costs, fees, news, personal injuries by sally

‘Legal fees for personal injury cases worth up to £100,000 fell by 65% in 2013, with an overall reduction of 14% in the cost of third-party injury claims, the Institute and Faculty of Actuaries has reported.’

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Litigation Futures, 19th January 2015

Source: www.litigationfutures.com

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Enhanced court fees: the government response to part 2 of the consultation on reform of court fees – Ministry of Justice

‘The government response to part 2 of the consultation on reform of court fees and further proposals for consultation.’

Full press release

Ministry of Justice, 16th January 2015

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

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Government set to hike general civil application fees – Litigation Futures

Posted January 19th, 2015 in budgets, civil justice, consultations, costs, courts, fees, Ministry of Justice, news by tracey

‘The government has dropped plans for “enhanced” court fees specifically for commercial cases, but is now targeting increased fees for the hundreds of thousands of general civil applications made each year.’

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Litigation Futures, 19th January 2015

Source: www.litigationfutures.com

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Court fees: Proposals for reform – Judicial responses – Judiciary of England and Wales

‘Responses of the Lord Chief Justice, senior judiciary and the Civil Justice Council to the Ministry of Justice (MoJ) Consultation on Court fees – enhanced charging.’

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Judiciary of England and Wales, 16th January 2015

Source: www.judiciary.gov.uk

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Proportionality rule bites as High Court slashes costs claim by more than half – Litigation Futures

Posted January 16th, 2015 in barristers, fees, news, proportionality, solicitors by sally

‘The High Court has more than halved a successful party’s costs on summary assessment on the basis of proportionality, with the fees charged by the partner running the case hit particularly hard.’

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Litigation Futures, 16th January 2015

Source: www.litigationfutures.com

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Neuberger and Dyson to head seven-judge panel for Coventry – Litigation Futures

Posted January 12th, 2015 in appeals, banking, child abuse, costs, fees, fraud, human rights, injunctions, news, Supreme Court by sally

‘The president of the Supreme Court, Lord Neuberger, and Lord Dyson, the Master of the Rolls, will head a seven-judge panel for the eagerly awaited Coventry costs hearing on 9 February, it has been announced.’

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Litigation Futures, 9th January 2015

Source: www.litigationfutures.com

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