Bach to the future – Counsel

Posted November 17th, 2017 in budgets, legal aid, news, reports by tracey

‘Time for legal aid to break free from party political discourse? Yes, argues Lucie Wibberley, in light of the recommendations of the Bach Commission for a new Right to Justice Act.’

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Counsel, November 2017

Source: www.counselmagazine.co.uk

A cautionary tale on the importance of client service – Practical Law: Construction Blog

Posted November 16th, 2017 in budgets, construction industry, news by tracey

‘The recent decision in Riva Properties Ltd v Foster + Partners Ltd, considers the duties that an architect owes to its client, specifically in the context of working in accordance with the client’s budget. Helena White and Matt Malloy have recently written about issues of contributory negligence and evidence arising out of the case. One of the most interesting aspects of the decision for me is that, over the course of a searing 313 paragraph judgment, Fraser J delivers a forceful reminder that client service is at the heart of the construction industry. Although the case specifically concerns the provision of architectural design services, it is a cautionary tale of the consequences of failing to put clients’ objectives first, which is just as relevant to lawyers, professional advisers of any specialism and indeed to all parties involved in the delivery of construction projects.’

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Practical Law: Construction Blog, 15th November 2017

Source: constructionblog.practicallaw.com

Police ‘to give up on minor crimes without major funding increase’ – The Guardian

Posted November 15th, 2017 in budgets, news, police by tracey

‘More police forces are poised to give up investigating minor offences such as car crime and retail thefts without a significant funding increase in the budget next week, police and crime commissioners have warned.’

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The Guardian, 14th November 2017

Source: www.theguardian.com

Rogue landlords enjoy an easy ride as councils fail to prosecute – The Guardian

‘Councils across Britain have been accused of letting rogue landlords off the hook, after new figures revealed that most have failed to secure a single prosecution.’

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The Guardian, 28th October 2017

Source: www.theguardian.com

Don’t be late – Hardwicke Chambers

Posted October 20th, 2017 in budgets, civil procedure rules, costs, delay, news, sanctions, time limits by sally

‘Much has been written about the court’s discretion to grant relief from sanctions pursuant to CPR 3.9 over recent years, due to the reformulation of the rule in April 2013 and the landmark Court of Appeal decision in Mitchell MP v News Group Newspapers Ltd [2013]. The strictness of the approach in Mitchell led to an outcry from academics and practitioners, but that has now been allayed by the Court of Appeal in Denton v TH White Ltd [2014].’

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Hardwicke Chambers, 5th October 2017

Source: www.hardwicke.co.uk

Transactions in land tax rules: unexpected implications – OUT-LAW.com

Posted October 18th, 2017 in budgets, news, sale of land, taxation by sally

‘New ‘transactions in land’ UK tax rules took effect from 5 July 2016. The rules were aimed at larger property developers with the means to implement cross-border structures to avoid UK income or corporation tax.’

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OUT-LAW.com, 17th October 2017

Source: www.out-law.com

Understandable Relief – CPR 3.9 Appeal – Late Filing Of Costs Budget – Zenith PI

Posted October 17th, 2017 in appeals, budgets, civil procedure rules, costs, delay, news by tracey

‘I recently represented the Claimant/Appellant before HHJ Gosnell in Leeds in relation to an appeal against the refusal of an application for relief from sanctions at first instance. The appeal was successful, with relief being granted and the Claimant being permitted to rely on his costs budget, despite it having been served over two months late, rather than being treated as having filed a budget comprising only the applicable court fees.’

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Zenith PI, 16th October 2017

Source: zenithpi.wordpress.com

Senior judge warns over ‘shaming’ impact of legal aid cuts – The Guardian

‘One of the most senior family court judges has warned about the impact of legal aid cuts and said it was “shaming” to preside over cases in which individuals are forced to represent themselves.’

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The Guardian, 13th October 2017

Source: www.theguardian.com

Low-level crimes to go uninvestigated in Met police spending cuts – The Guardian

Posted October 16th, 2017 in budgets, crime, London, news, police by sally

‘The Metropolitan police are to stop investigating many lower level crimes as a result of spending cuts, a senior police officer has said.’

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The Guardian, 16th October 2017

Source: www.theguardian.com

Judge warns against ‘hindsight’ to justify indemnity costs – The Guardian

Posted October 10th, 2017 in budgets, costs, indemnities, negligence, news by sally

‘The High Court has rejected the chance to approve indemnity costs against a losing party after it found the bringing of the case could be justified.’

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The Guardian, 10th October 2017

Source: www.lawgazette.co.uk

High Court to hear appeal over decision to cut hourly rates in budget after doing same to incurred costs – Litigation Futures

Posted September 19th, 2017 in appeals, budgets, costs, news by tracey

‘The High Court is set to provide guidance on whether a costs judge who reduces the hourly rates for incurred costs should then do the same to budgeted costs.’

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Litigation Futures, 19th September 2017

Source: www.litigationfutures.com

Court of Appeal hears key case on wellbeing provisions of Care Act 2014 – Local Government Lawyer

Posted August 22nd, 2017 in appeals, budgets, disabled persons, news by sally

‘The Court of Appeal last week heard a case under the Care Act 2014 for the first time, with a disabled man challenging a High Court decision that a county council had acted lawfully in deciding to reduce his weekly personal budget by 42%.’

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Local Government Lawyer, 21st August 2017

Source: www.localgovernmentlawyer.co.uk

High Court approves increase to defendants’ £1.8m costs budget – Litigation Futures

Posted August 18th, 2017 in budgets, costs, news by sally

‘The High Court has approved an increase to defendants’ costs budget against the opposition of the claimants, a rare reported example of an application for variation.’

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Litigation Futures, 17th August 2017

Source: www.litigationfutures.com

Master calls on rules committee to solve riddle of the costs of budgeting – Litigation Futures

Posted August 16th, 2017 in budgets, civil procedure rules, costs, documents, judges, news by sally

‘A High Court Master has called on the Civil Procedure Rules Committee (CPRC) to resolve the “tension” between the need to “spell out in the eventual bill” the costs of costs budgeting and to include them in Precedent H.’

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Litigation Futures, 16th August 2017

Source: www.litigationfutures.com

Jackson LJ on costs in all judicial reviews: Aarhus rules to apply – UK Human Rights Blog

Posted August 1st, 2017 in budgets, costs, judicial review, news by sally

‘Jackson LJ is still toiling away at costs issues some 8 years after his main report. The original report changed the whole way in which the civil courts go about working how much, if anything, is due from one side to another at the end of a case – budgets being one key element. The main part of this new report concerns extending fixed costs further.’

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UK Human Rights Blog, 31st July 2017

Source: ukhumanrightsblog.com

Rule committee decides against revisiting budgeting limit for PI cases despite discount rate impact – Litigation Futures

Posted July 18th, 2017 in budgets, civil procedure rules, costs, news, personal injuries by tracey

‘The Civil Procedure Rule Committee has decided against changing the financial threshold for costs budgeting in high-value personal injury cases, despite the prospect of the new discount rate taking a significant number of claims out of the regime.’

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Litigation Futures, 17th July 2017

Source: www.litigationfutures.com

How does the costs budget affect the final bill? – Court of Appeal provides guidance in Harrison – Zenith PI

‘Recent uncertainty as to how a costs budget impacts on the final bill in relation to both incurred and estimated costs has, to some extent, been resolved by the judgment in Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792.’

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Zenith PI, 6th July 2017

Source: zenithpi.wordpress.com

Harrison v. University Hospitals – Hailsham Chambers

Posted July 5th, 2017 in appeals, budgets, costs, news, proportionality, reasons by sally

‘In a decision handed down yesterday, the Court of Appeal in Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 791 determined important issues in costs budgeting. They are of relevance to all practitioners.’

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Hailsham Chambers, 22nd June 2017

Source: zm4b8103lu53ydv9q1e2go51-wpengine.netdna-ssl.com

“No value in making general comment on incurred costs” says chief master – Litigation Futures

Posted July 5th, 2017 in budgets, costs, news, proportionality by sally

‘The chief master of the Chancery Division has outlined considerable reservations about making a comment on incurred costs as part of the budgeting process, saying there is “little or no value” in recording a general comment such as that they are “too high”.’

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Litigation Futures, 4th July 2017

Source: www.litigationfutures.com

Media litigators unhappy with procedure and costs budgeting – Litigation Futures

‘Lawyers and other users of the new media and communications list are unhappy with how the Civil Procedure Rules (CPR) apply to the field, and particularly costs budgeting, according to the outcome of a consultation launched by Mr Justice Warby.’

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Law & Religion UK, 3rd July 2017

Source: www.litigationfutures.com