Category: budgets

What comes first – Mitchell ruling or part 36? – Litigtation Futures

Posted December 19th, 2013 in budgets, civil procedure rules, news, part 36 offers by tracey

‘The questions raised by the Mitchell ruling, such as the effect on a part 36 offer of a budget being disallowed, are already emerging as the impact of the Court of Appeal’s decision is felt. Barrister Barry Havenhand of Clerksroom has supplied Litigation Futures with details of one case where the failure to file a budget in sufficient time saw the defendant’s budget restricted to its court fees, as in Mitchell.’

Full story

Litigation Futures, 17th December 2013

Source: www.litigationfutures.com

Committee says proposed legal aid cuts may breach human rights – The Guardian

Posted December 16th, 2013 in barristers, budgets, demonstrations, equality, fees, human rights, immigration, legal aid, news, prisons by sally

‘Chris Grayling is a man who knows the price of everything and the value of nothing, the chair of an influential all-party backbench committee has suggested. Oscar Wilde’s cynical jibe was twice put to the justice secretary when he gave evidence to the Joint Committee on Human Rights on 26 November and was then repeated by Dr Hywel Francis, a Labour MP, when he launched its report today.’

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The Guardian, 13th December 2013

Source: www.guardian.co.uk

This month’s costs cases summaries: appeals, unjust enrichment and Mitchell – Litigation Futures

Posted December 10th, 2013 in appeals, budgets, case management, civil procedure rules, costs, litigants in person, news by tracey

‘Our monthly summary of key costs-related court decisions.’

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Litigation Futures, 9th December 2013

Source: www.litigationfutures.com

Mitchell v News Group Newspapers Ltd – WLR Daily

Posted December 6th, 2013 in appeals, budgets, case management, civil procedure rules, law reports, media by tracey

Mitchell v News Group Newspapers Ltd: [2013] EWCA Civ 1537;   [2013] WLR (D)  466

‘In the context of the court’s case management powers in respect of a party’s claim, the failure by the party to file a costs budget on time would not normally attract relief from the sanction imposed by CPR r 3.14 unless the default were trivial or there were a good reason for it.’

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Court fees: proposals for reform – Ministry of Justice

Posted December 4th, 2013 in budgets, consultations, costs, courts, fees, Ministry of Justice, news by sally

‘The courts play a vital role in our democracy. They provide access to justice for those who need it, help to maintain social order and support the proper functioning of the economy.’

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Ministry of Justice, 3rd December 2013

Source: http://consult.justice.gov.uk

Charity Commission ‘not fit for purpose’, says Margaret Hodge – The Guardian

Posted December 4th, 2013 in budgets, charities, consultations, fraud, inquiries, maladministration, news, ombudsmen, standards, tax avoidance by sally

‘Margaret Hodge has described the Charity Commission as not “fit for purpose” after a highly critical report warned that its failure to investigate fraud and abuse was undermining public faith in good causes.’

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The Guardian, 4th December 2013

Source: www.guardian.co.uk

Young people to be allowed to remain in foster care until age 21 – The Guardian

Posted December 4th, 2013 in budgets, education, fostering, local government, news, pilot schemes, young persons by sally

‘Children and young people brought up by foster carers in England will be allowed to remain with families until they are 21 if they choose to under a new legal duty for councils, ministers will announce on Wednesday.’

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The Guardian, 4th December 2013

Source: www.guardian.co.uk

David Partington’s unique take on the Mitchell decision – Sovereign Chambers

Posted December 3rd, 2013 in appeals, budgets, civil procedure rules, costs, news by sally

‘The ramifications of “Plebgate” rumble on, not merely in the corridors of Whitehall and “the Met.” Much more seriously (some would say) it has now impinged into the arena of the “Jackson Reforms” and sanctions for relief against failure to abide by the Civil Procedure Rules in general. Andrew Mitchell MP v News Group Newspapers Limited (citation above) took place in the context of costs budgeting and the failure to provide the necessary budget in time, but it is also an important case with wider implications concerning the approach of the court to failures to comply with orders or directions of the Court or procedures of the CPR post “Jackson”. Many practitioners will be alarmed by the result.’

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Sovereign Chambers, 28th November 2013

Source: www.sovereignchambers.co.uk

The Court of Appeal’s Clear Message on New Costs Regime – Littleton Chambers

Posted December 3rd, 2013 in appeals, budgets, costs, news, solicitors by sally

‘The Master of the Rolls has delivered a unanimous judgment limiting Andrew Mitchell MP’s legal costs in his defamation action against “The Sun” newspaper to his court fees only despite his budget being in excess of £500,000. This is the first time the Court of Appeal has considered sanctions under the new Jackson costs regime and is a sobering lesson for litigators.’

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Littleton Chambers, 27th November 2013

Source: www.littletonchambers.com

Ramifications of the Mitchell Costs Appeal – Hardwicke Chambers

Posted December 3rd, 2013 in appeals, budgets, civil procedure rules, costs, news, solicitors by sally

‘There have been lots of sound bites from today’s costs and CPR compliance judgment dismissing the appeal in Mitchell v News Group Newspapers Limited [2013] EWCA Civ 1526. Other articles will detail the Court’s findings, although I suggest it would be negligent for any civil litigator not to read the entire judgment. It is the most far-reaching decision in civil litigation since the introduction of the CPR in 1999. I plan to analyse the consequences (and unintended consequences) for litigators, the Courts and civil litigation generally. My initial tweet was: “Mitchell costs appeal dismissed. Check your insurance policies litigators. The CPR alligators are coming and this time they’re hungry!” Here are my views, not limited to 140 characters.’

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Hardwicke Chambers, 27th November 2013

Source: www.hardwicke.co.uk

Draft Strategic Plan 2014-17 and Budget 2014-15 – The Bar Council

Posted November 28th, 2013 in barristers, budgets, consultations, press releases by tracey

‘The Bar Council is consulting on its draft Strategic Plan 2014-17, which sets out its proposed direction of travel for the next three years, setting clear aims and objectives. It builds on our last Strategic Plan which covered the period 2011-14.’

Full press release

The Bar Council, 27th November 2013

Source: www.barcouncil.org.uk

Court of Appeal warns of “change in culture” as it upholds cost sanctions against Andrew Mitchell – OUT-LAW.com

Posted November 28th, 2013 in appeals, budgets, costs, news, solicitors by tracey

‘It would have been a “major setback” to the civil court costs reforms to overturn a High Court judgment preventing former Conservative chief whip Andrew Mitchell from claiming anything more than court fees in his legal action against The Sun, the Court of Appeal has ruled.’

Full story

OUT-LAW.com, 28th November 2013

Source: www.out-law.com

Litigation Trends Survey – The Jackson Effect – New Law Journal

Posted November 28th, 2013 in budgets, costs, fees, law firms, news by tracey

‘In the first of NLJ / LSLA’s litigation trends surveys, James Baxter charts how firms and practitioners are navigating Jackson LJ’s revolutionary road-map of change.’

Full text

New Law Journal, 30th October 2013

Source: www.newlawjournal.co.uk

Court of Appeal upholds strict costs rule in Mitchell case – Law Society’s Gazette

Posted November 27th, 2013 in appeals, budgets, costs, defamation, fees, media, news, solicitors, time limits by tracey

‘The Court of Appeal today upheld a strict costs judgment in a landmark case which establishes the court’s post-Jackson hardline approach to costs budgeting.’

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Law Society’s Gazette, 27th November 2013

Source: www.lawgazette.co.uk

Court of Appeal awards council 50% of costs in youth cuts case – Local Government Lawyer

Posted November 27th, 2013 in appeals, budgets, costs, education, local government, news, young persons by tracey

‘A council has been told it can recover half of its legal costs in a case where the Court of Appeal ruled that a 70% cut to youth services was unlawful but refused to grant relief to the claimant.’

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Local Government Lawyer, 25th November 2013

Source: www.localgovernmentlawyer.co.uk

Justice costs: Fury as lawyers’ fees top £850 an hour – The Independent

Posted November 27th, 2013 in budgets, costs, fees, law firms, legal aid, news, solicitors by tracey

‘Britain’s biggest law firms are shamelessly exploiting the maxim that “you get what you pay for”, with hourly fees at record levels of £850 an hour, according to new research.’

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The Independent, 26th November 2013

Source: www.independent.co.uk

Cost-cutting council ‘contributed to death of student’ by switching off street lights – Daily Telegraph

Posted November 25th, 2013 in budgets, inquests, local government, news, road traffic by tracey

‘A coroner has said a council switching off street lights as a cost-cutting measure contributed to the death of a student. The verdict came following an inquest into the death of 18-year-old Warwick University student Archie Wellbelove, who died after he was hit by a taxi on the A452 near Leamington in the early hours of December 7 2012.’

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Daily Telegraph, 25th November 2013

Source: www.telegraph.co.uk

Criminal bar ‘slowly being destroyed’, says judge – Law Society’s Gazette

Posted November 25th, 2013 in barristers, budgets, criminal justice, legal aid, news by tracey

‘Dispensing justice will become “impossible” if the “erosion” of the criminal bar continues, a Crown court judge warned at the end of a multi-million-pound drugs and firearms trial.’

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Law Society’s Gazette, 23rd November 2013

Source: www.lawgazette.co.uk

Critics of legal aid cuts force Law Society vote – The Guardian

Posted November 20th, 2013 in budgets, consultations, Law Society, legal aid, news, solicitors by sally

“Solicitors opposed to government cuts in criminal legal aid have forced an emergency meeting of the Law Society to consider a no confidence motion in the profession’s leadership.”

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The Guardian, 19th November 2013

Source: www.guardian.co.uk

Consultation Paper “Transforming Legal Aid: Next Steps” Response on Behalf of the Honourable Society of the Inner Temple – The Inner Temple

Posted November 18th, 2013 in barristers, budgets, consultations, fees, inns of court, legal aid, legal representation, news by sally

“This response is made by the Honourable Society of the Inner Temple, one of the four Inns of Court, to which all barristers must belong.”

Full story (PDF)

The Inner Temple, November 2013

Source: www.innertemple.org.uk