Care fees ruling: the implications for other families – Daily Telegraph

Posted February 13th, 2014 in care homes, elderly, families, fees, housing, news by sally

‘Worcestershire County Council has lost a court battle over its attempt to sell a woman’s home to pay for care.’

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Daily Telegraph, 12th February 2014

Source: www.telegraph.co.uk

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UNISON’s employment tribunal fees challenge dismissed, but impact of new regime not yet apparent, says High Court – OUT-LAW.com

‘A trade union’s legal challenge to the introduction of fees to bring a case to an employment tribunal has been dismissed by the High Court.’

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OUT-LAW.com, 10th February 2014

Source: www.out-law.com

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Mental capacity ruling over retainer – Law Society’s Gazette

‘The High Court has ruled that the loss of a client’s mental capacity should not automatically terminate the solicitor’s retainer.’

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Law Society’s Gazette, 10th February 2014

Source: www.lawgazette.co.uk

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Loss of capacity does not terminate solicitor’s retainer, High Court rules – Litigation Futures

Posted February 7th, 2014 in contracts, fees, news, solicitors by tracey

‘A client’s loss of mental capacity in the course of proceedings does not automatically terminate their solicitor’s retainer, the High Court ruled yesterday.’

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Litigation Futures, 6th February 2014

Source: www.litigationfutures.com

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Aster Healthcare Ltd v Shafi (Representative of the estate of Mohammed Shafi, decd) – WLR Daily

Posted February 5th, 2014 in care homes, fees, law reports, local government by sally

Aster Healthcare Ltd v Shafi (Representative of the estate of Mohammed Shafi, decd) [2014] EWHC 77 (QB); [2014] WLR (D) 42

‘Section 7 of the Mental Capacity Act 2005, which provided for payments for services by a person who lacked capacity, was not and could not be engaged where the services in question were provided to the mentally incapacitated individual under an arrangement made by the service provider with a local authority exercising its statutory duty under Pt III of the National Assistance Act 1948.’

WLR Daily, 24th January 2014

Source: www.iclr.co.uk

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Court fees could exceed legal costs under government plans, lawyers warn – Litigation Futures

Posted February 5th, 2014 in costs, courts, fees, news by sally

‘The government’s proposals to increase court fees for commercial cases could lead to claimants facing a fee demand greater than their legal costs, litigators have warned.’

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Litigation Futures, 5th February 2014

Source: www.litigationfutures.com

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Finance and Divorce Update – Family Law Week

Posted February 4th, 2014 in divorce, family courts, fees, financial provision, McKenzie friends, news by sally

‘Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in January.’

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Family Law Update, 2nd February 2014

Source: www.familylawweek.co.uk

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Supporting the introduction of the single Family Court – Proposed changes to Family legal aid remuneration schemes – Ministry of Justice

Posted February 3rd, 2014 in budgets, consultations, equality, family courts, fees, legal aid, remuneration by tracey

‘The Government consulted on a proposal to change the current family legal aid fee payment schemes in October 2013. This document reflects the responses that we have received to the consultation and describes how the Government intends to proceed.’

Full document

Ministry of Justice, 31st January 2014

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

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VHCC cases jeopardised by fee cuts – Law Society’s Gazette

Posted February 3rd, 2014 in barristers, budgets, costs, fees, fraud, legal aid, news, solicitor advocates, trials by tracey

‘Multi-million-pound fraud trials are being put in jeopardy by the Ministry of Justice’s cuts to advocates’ fees, the Gazette has learned.’

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Law Society’s Gazette, 3rd February 2014

Source: www.lawgazette.co.uk

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Unfinished business – New Law Journal

‘Dominic Regan predicts the likely civil procedure developments for 2014.’

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New Law Journal, 29th January 2014

Source: www.newlawjournal.co.uk

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Bar Council chairman: further legal aid cuts would be false economy – The Guardian

Posted January 29th, 2014 in barristers, budgets, criminal justice, fees, legal aid, miscarriage of justice, news by sally

‘There will be too few experienced barristers to deal with complex criminal cases if the government pushes through proposals for further cuts to legal aid, the new chairman of the Bar Council has warned.’

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The Guardian, 28th January 2014

Source: www.guardian.co.uk

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Escalating legal fees – why family judges need to “get a grip” – Halsbury’s Law Exchange

Posted January 28th, 2014 in case management, civil procedure rules, costs, family courts, fees, news by sally

‘Legal fees in family proceedings hit the headlines with Young v Young – the now infamous seven year divorce case which saw £6.5m spent on one side’s legal costs alone.’

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Halsbury’s Law Exchange, 27th January 2014

Source: www.halsburyslawexchange.co.uk

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Judge pleads for warring family to end £1m legal dispute – Daily Telegraph

Posted January 27th, 2014 in children, costs, divorce, fees, financial dispute resolution, judges, news by sally

‘Judge Nicholas Francis QC says “untold misery” has resulted from the courtroom battle between Susan and Richard Shield and their children over who owns shares in the family’s RA Shield Holdings company’

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Daily Telegraph, 24th January 2014

Source: www.telegraph.co.uk

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Geraldine Morris looks at the changes ahead for family law & predicts some new developments – New Law Journal

‘Lawyers may not always think of themselves as business people; family lawyers in particular are often very client focused, looking to achieve the best outcome for parties who are going through what will often be one of the worst periods of their lives. It can be hard, when weighed down with a busy caseload, to peak above the parapet and take time to reflect on how family law is changing. All businesses change over time, some faster than others. Change within the family law justice system has accelerated at an incredible pace in the last few years and 2014 will be no exception.’

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New Law Journal, 22nd January 2014

Source: www.newlawjournal.co.uk

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Watchdog slams MoJ for inadequate assessment of ‘enhanced’ court fees impact – Litigation Futures

Posted January 22nd, 2014 in courts, fees, Ministry of Justice, news by sally

‘The impact assessment (IA) accompanying the Ministry of Justice’s plans to charge some court users fees in excess of cost price is not fit for purpose, a government watchdog has declared.’

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Litigation Futures, 22nd January 2014

Source: www.litigationfutures.com

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Costs judge grants relief over failure to serve N251 – yes, really! – Litigation Futures

Posted January 20th, 2014 in appeals, costs, fees, news, solicitors by sally

‘A costs judge has granted relief from sanctions in a case where the failure to serve notice of funding occurred some 15 months before the introduction of the Jackson reforms.’

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Litigation Futures, 20th January 2014

Source: www.litigationfutures.com

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High Court stiffens penalties against solicitors over “opaque” conveyancing quotes – Legal Futures

‘A law firm whose clients were unaware of the true cost of their conveyancing after being reeled in with low quotes did not take unfair advantage of them, the High Court has ruled.’

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Legal Futures, 20th January 2014

Source: www.legalfutures.co.uk

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Essex council sells elderly man’s £24,000 Pissarro painting to pay towards his care home fees – The Independent

Posted January 20th, 2014 in care homes, Court of Protection, elderly, fees, local government, news by sally

‘A painting belonging to an elderly man has been sold for £24,000 to help pay for his care home fees, a council said.’

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The Independent, 17th January 2014

Source: www.independent.co.uk

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Payday lenders’ default fees could break the law – The Independent

Posted January 13th, 2014 in consumer protection, debts, fees, loans, news by tracey

‘Many payday lenders could be breaking the law by charging excessive default fees to borrowers who miss repayments, according to Which? An investigation by the consumer group revealed that 10 of 17 leading payday lenders have default fees of £20 or more, and four charged £25 and above, with Wonga topping the table at £30.’

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The Independent, 13th January 2014

Source: www.independent.co.uk

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Criminal barristers’ earnings – a new low in government strategy – Legal Futures

Posted January 9th, 2014 in barristers, fees, industrial action, news, remuneration, statistics by sally

‘After what seems an all too brief season of peace and goodwill, hostilities between the government and criminal lawyers have rapidly resumed, and appear to have taken a more sinister turn.’

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Legal Futures, 9th January 2014

Source: www.legalfutures.co.uk

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