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.’

Full story

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].’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full text

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.’

Full story

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.’

Full story

Litigation Futures, 9th January 2015

Source: www.litigationfutures.com

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Chris Grayling spends £72,000 of taxpayers’ money to defend ‘unlawful’ prison book ban – The Independent

Posted January 12th, 2015 in budgets, fees, news, prisons, solicitors by sally

‘The Justice Secretary spent £72,000 of taxpayers’ money in an attempt to maintain his ban on inmates receiving books in prison from visitors.’

Full story

The Independent, 10th January 2015

Source: www.independent.co.uk

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Law Society questions value of cab-rank rule – Legal Futures

Posted January 7th, 2015 in barristers, contracts, fees, Law Society, legal representation, news, solicitors by tracey

‘The Law Society has responded to a Bar Standards Board (BSB) call for evidence on the cab-rank rule by questioning its “operational value”.’

Full story

Legal Futures, 7th January 2015

Source: www.legalfutures.co.uk

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“Good news” for employers as High Court rejects second tribunal fee judicial review – OUT-LAW.com

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

‘The High Court has dismissed a second judicial review application by the trade union UNISON against the recent introduction of employment tribunal fees. Lord Justice Elias said that the union had not been able to provide evidence of “any actual instances” of individuals that had been prevented from making a claim by the introduction of fees.’

Full story

OUT-LAW.com, 18th December 2014

Source: www.out-law.com

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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).’

Full story

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.’

Full story

New Law Journal, 11th December 2014

Source: www.newlawjournal.co.uk

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