Legal aid lawyers form new group to oppose cuts – Law Society’s Gazette
‘Groups representing legal aid lawyers have formed a new campaign group to oppose fresh cuts in funding.’
Law Society’s Gazette, 28th January 2014
Source: www.lawgazette.co.uk
Category: budgets
Parole system failing prisoners and close to be overwhelmed, lawyers warn – The Independent
‘England and Wales’s parole system is on the brink of a crisis that will result in reformed prisoners being detained months after they should have been released, The Independent on Sunday can reveal.’
The Independent, 26th January 2014
Source: www.independent.co.uk
Finance and Divorce Update – Family Law Week
‘Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in December.’
Family Law Week, 2nd January 2014
Source: www.familylawweek.co.uk
What comes first – Mitchell ruling or part 36? – Litigtation Futures
‘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.’
Litigation Futures, 17th December 2013
Source: www.litigationfutures.com
This month’s costs cases summaries: appeals, unjust enrichment and Mitchell – Litigation Futures
‘Our monthly summary of key costs-related court decisions.’
Litigation Futures, 9th December 2013
Source: www.litigationfutures.com
Mitchell v News Group Newspapers Ltd – WLR Daily
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
‘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.’
Ministry of Justice, 3rd December 2013
Source: http://consult.justice.gov.uk
Charity Commission ‘not fit for purpose’, says Margaret Hodge – The Guardian
‘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.’
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
‘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.’
The Guardian, 4th December 2013
Source: www.guardian.co.uk
David Partington’s unique take on the Mitchell decision – Sovereign Chambers
‘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.’
Sovereign Chambers, 28th November 2013
Source: www.sovereignchambers.co.uk
The Court of Appeal’s Clear Message on New Costs Regime – Littleton Chambers
‘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.’
Littleton Chambers, 27th November 2013
Source: www.littletonchambers.com
Ramifications of the Mitchell Costs Appeal – Hardwicke Chambers
‘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.’
Hardwicke Chambers, 27th November 2013
Source: www.hardwicke.co.uk
Court of Appeal warns of “change in culture” as it upholds cost sanctions against Andrew Mitchell – OUT-LAW.com
‘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.’
OUT-LAW.com, 28th November 2013
Source: www.out-law.com
Litigation Trends Survey – The Jackson Effect – New Law Journal
‘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.’
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
‘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.’
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
‘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.’
Local Government Lawyer, 25th November 2013
Source: www.localgovernmentlawyer.co.uk
Justice costs: Fury as lawyers’ fees top £850 an hour – The Independent
‘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.’
The Independent, 26th November 2013
Source: www.independent.co.uk
