Patel and another v Peters and others – WLR Daily

Patel and another v Peters and others [2014] EWCA Civ 335; [2014] WLR (D) 147

‘Where the surveyor of a party involved in a dispute over building works affecting adjoining properties served a request under section 10(7) of the Party Wall etc Act 1996 on the surveyor of the other party that he act effectively in respect of the subject matter referred to in the request within ten days, after which, if he did not so act, the requesting surveyor became entitled to act ex parte in respect of the matter, a continuing state of affairs was created so that the other party’s surveyor might still act effectively after that ten-day period, thereby precluding the requesting surveyor from acting ex parte, provided that the requesting surveyor had not yet proceeded so to act.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

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More chambers criticise legal aid deal as BSB consults on returning instructions – Legal Futures

Posted March 31st, 2014 in barristers, budgets, consultations, fees, legal aid, news, solicitors by sally

‘More chambers have come out in open criticism of the Criminal Bar Association (CBA) and Bar Council’s deal with the government over legal aid last week.’

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Legal Futures, 31st March 2014

Source: www.legalfutures.co.uk

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Barristers call off walkout after legal aid cuts suspended – The Guardian

Posted March 28th, 2014 in barristers, budgets, criminal justice, fees, industrial action, legal aid, news by sally

‘Criminal barristers have called off their industrial action over legal aid payments after reaching a deal with the Ministry of Justice to suspend cuts until after the next general election.’

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The Guardian, 27th March 2014

Source: www.guardian.co.uk

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Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust – WLR Daily

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust [2014] EWHC 168 (QB); [2014] WLR (D) 141

‘The termination of a solicitor’s actual authority by reason of a client’s supervening mental incapacity did not, it itself, automatically frustrate the underlying contract of retainer.’

WLR Daily, 5th February 2014

Source: www.iclr.co.uk

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TV licence fee evasion could be decriminalised – The Guardian

Posted March 24th, 2014 in bills, criminal justice, fees, licensing, media, news, prosecutions, statistics by sally

‘The government is to launch a formal review of the law that makes it a crime not to pay the TV licence, following a campaign led by backbench Conservative MPs.’

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The Guardian, 21st March 2014

Source: www.guardian.co.uk

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Spiralling out of control: can Jackson reforms reign in family fees? – Halsbury’s Law Exchange

Posted March 20th, 2014 in civil procedure rules, costs, divorce, family courts, fees, news by tracey

‘Despite the strictures of the Family Proceedings Rules and subsequent practice directions, disproportionate costs still seem to arise on an all too common basis.’

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Halsbury’s Law Exchange, 19th March 2014

Source: www.halsburyslawexchange.co.uk

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UK Statistics Authority takes MoJ to task over “misleading” barrister earnings figures – Legal Futures

Posted March 18th, 2014 in barristers, codes of practice, fees, government departments, news, statistics by tracey

‘Government statements that criminal barristers earn an average of £84,000 from legal aid were misleading, the UK Statistics Authority (UKSA) has suggested.’

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Legal Futures, 18th March 2014

Source: www.legalfutures.co.uk

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Your Response Ltd v Datateam Business Media Ltd – WLR Daily

Posted March 18th, 2014 in appeals, computer programs, data protection, fees, law reports, publishing by tracey

Your Response Ltd v Datateam Business Media Ltd: [2014] EWCA Civ 281;   [2014] WLR (D)  131

‘The exercise of a common law lien was not available over an electronic database as the electronic database was not property susceptible of possession which was capable of being subject to larceny or conversion or being taken in execution.’

WLR Daily, 14th March 2014

Source: www.iclr.co.uk

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OFT: ‘significant gaps’ in university prospectuses – Daily Telegraph

Posted March 14th, 2014 in advertising, consumer protection, fees, news, universities by tracey

‘The Office of Fair Trading (OFT) warns that universities are failing to supply students with enough information before they apply, but finds no evidence of ‘fee fixing’ between institutions.’

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Daily Telegraph, 14th March 2014

Source: www.telegraph.co.uk

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Update for the profession from the Chairman of the Bar – The Bar Council

Posted March 13th, 2014 in barristers, fees, legal aid, news by tracey

‘Access to justice and the quality of our justice system are currently under threat on several fronts. As we face a number of challenges, I never fail to be impressed by the sense of unity across the profession, who are determined speak out for what we believe in. I for one have no intention to deviate from that course.’

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The Bar Council, 12th March 2014

Source: www.barcouncil.org.uk

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Child Support – What Is Going On? – Family Law Week

Posted March 13th, 2014 in child support, fees, government departments, news by tracey

‘Jody Atkinson TEP, barrister at St John’s Chambers, Bristol, considers the ongoing changes to the Child Support Act system.’

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Family Law Week, 12th March 2014

Source: www.familylawweek.co.uk

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Grayling rules out privatised courts – Law Society’s Gazette

Posted March 12th, 2014 in contracting out, costs, courts, fees, news, probation by tracey

‘Privatising the courts service is not on the government’s agenda, Chris Grayling, the justice secretary, told a free-market thinktank today.’

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Law Society’s Gazette, 11th March 2014

Source: www.lawgazette.co.uk

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G4S may still face criminal proceedings over tagging scandal – justice secretary – The Guardian

‘G4S, the troubled giant private security company, still faces the possibility of criminal proceedings over its alleged overcharging of at least £24m on electronic tagging and prisoner escort contracts, the justice secretary, Chris Grayling, has said. His reminder comes as G4S makes a concerted attempt to have the current ban on bidding for fresh government contracts lifted.’

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The Guardian, 11th March 2014

Source: www.guardian.co.uk

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Tribunal fees regime rolls on. For now… – 13 KBW Employment

‘The union challenge to the Tribunal fees regime was seen off by Chambers’ own Susan Chan, representing the Lord Chancellor as sole counsel, who herself enjoys a busy employment practice. For obvious reasons she is unable to comment on the matter herself. Though of course a public law case, there can scarcely have been a judicial review decision in recent memory of more interest to the employment practitioner.’

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13 KBW Employment, 7th March 2014

Source: www.13bbwemployment.wordpress.com

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Right to conduct litigation spurs barrister’s high street direct access business – Legal Futures

Posted March 7th, 2014 in barristers, fees, legal services, news by tracey

‘One of the first barristers to receive authority from the Bar Standards Board (BSB) to conduct litigation has said her fixed-fee direct access business has been so successful she plans to license the venture to other barristers.’

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Legal Futures, 7th March 2014

Source: www.legalfutures.co.uk

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Senior judges lay bare hostility to government’s court fee rises – Litigation Futures

Posted March 6th, 2014 in consultations, courts, fees, judiciary, news by tracey

‘The senior judiciary has dismantled the government’s proposals to raise court fees, questioning the underlying policy, highlighting the “clearly inadequate” evidence and warning that introducing enhanced fees in commercial cases is “unworkable”.’

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Litigation Futures, 5th March 2014

Source: www.litigationfutures.com

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Pullan v Wilson and others – WLR Daily

Posted March 5th, 2014 in fees, law reports, proportionality, remuneration, trusts by sally

Pullan v Wilson and others [2014] EWHC 126 (Ch); [2014] WLR (D) 107

‘An automatic entitlement of a professional trustee to charge his normal hourly rates at least unless those rates had been specified and sanctioned by other trustees and principal beneficiaries before the relevant work was undertaken would deprive a court of equity of any effective control over that trustee’s remuneration.’

WLR Daily, 28th January 2014

Source: www.iclr.co.uk

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Court fee plans herald justice for those who can pay – senior judges – Law Society’s Gazette

Posted March 5th, 2014 in civil justice, costs, family courts, fees, judiciary, Ministry of Justice, news by sally

‘Senior judges have savaged government proposals for reforming court fees, warning that they are based on ‘inadequate’ and compromised research, and basic misconceptions about the way the courts operate.’

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Law Society’s Gazette, 4th March 2014

Source: www.lawgazette.co.uk

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Senior judges attack government’s planned court cost rise – BBC News

Posted March 4th, 2014 in civil justice, courts, fees, judges, news by sally

‘Government plans to increase the cost of going to court in England and Wales would undermine the civil and family justice system, top judges have said.’

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BBC News, 4th March 2014

Source: www.bbc.co.uk

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Commercial barristers and Law Society join chorus of opposition to court fee changes – Litigation Futures

Posted March 4th, 2014 in barristers, consultations, courts, fees, Law Society, news by sally

‘The Ministry of Justice’s (MoJ) proposals to increase court fees for litigants above cost price have been roundly condemned once again, with the Law Society and commercial barristers adding their voices to what has become a chorus of disapproval.’

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Litigation Futures, 4th March 2014

Source: www.litigationfutures.com

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