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

News focus: LASPO 4 years on, the Law Society review – Law Society’s Gazette

Posted July 3rd, 2017 in budgets, civil justice, criminal justice, legal aid, news by tracey

‘Is access to justice an essential public service, akin to state schooling and lifelong healthcare free at the point of delivery? The Law Society believes it is – or at least should be – and pushes the point hard in a damning new report on the social consequences of swingeing funding and scope cuts to civil legal aid. Barriers erected by the Legal Aid, Sentencing and Punishment of Offenders act (LASPO) in 2013 have denied justice to some of the most vulnerable people in society, Chancery Lane argues in Access Denied? LASPO four years on.’

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Law Society's Gazette, 3rd July 2017

Source: www.lawgazette.co.uk

Costs: Appeal court backs Merrix stance on budget status – Law Society’s Gazette

Posted June 22nd, 2017 in budgets, civil procedure rules, costs, news, proportionality by tracey

‘An approved budget cannot be re-opened by a costs judge at detailed assessment unless there is “good reason” to do so, the Court of Appeal held today in a much-awaited ruling in Harrison v University Hospitals Coventry & Warwickshire NHS Trust.’

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Law Society's Gazette, 21st June 2017

Source: www.lawgazette.co.uk

Recovering costs – helpful hints (private law) – Local Government Lawyer

‘James E. Petts sets out some key considerations for local authorities looking to recover their costs.’

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Local Government Lawyer, 9th June 2017

Source: www.localgovernmentlawyer.co.uk

Socrates case stayed for quantum discussions as tribunal orders Law Society to pay up to £230,000 in costs – Legal Futures

‘The fall-out from the decision that the Law Society breached competition law looks set to last for several more months after the Competition Appeal Tribunal laid out the timetable for determining damages.’

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Legal Futures, 5th June 2017

Source: www.legalfutures.co.uk

Court criticises party for ‘completely unrealistic’ view of other side’s costs – OUT-LAW.com

Posted May 19th, 2017 in budgets, case management, costs, news, proportionality by tracey

‘A High Court judge has accused costs lawyers of “abuse of the cost budgeting process” following an “unjustifiably low” estimate of the other side’s costs.’

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OUT-LAW.com, 18th May 2017

Source: www.out-law.com