The recoverability of inquest costs in civil actions – UK Police Law Blog

‘The case of Fullick v The Commissioner of Police of the Metropolis [2019] EWHC 1941 (QB) concerned an appeal of a Deputy Master’s order that the MET Commissioner pay the claimants’ costs in the sum of £88,356.22, following the settlement of a contemplated civil claim for damages for breach of article 2 of the European Convention of Human Rights, negligence and misfeasance in public office. Slade J held that the Deputy Master had not erred in awarding the claimants their costs relating to the inquest because the steps taken for the purposes of it were relevant to the civil claim.’

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UK Police Law Blog, 14th September 2019

Source: ukpolicelawblog.com

High Court rules district judge could make non-party costs award after licensing hearing, but allows appeal over procedure – Local Government Lawyer

Posted September 17th, 2019 in appeals, costs, licensing, news, public order by tracey

‘A district judge hearing a licensing appeal has the power under the Licensing Act 2003 to make a non-party costs award, a High Court judge has ruled.’

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Local Government Lawyer, 13th September 2019

Source: www.localgovernmentlawyer.co.uk

Emails treated as ‘without prejudice’ can be used for costs – Litigation Futures

Posted September 12th, 2019 in arbitration, costs, electronic mail, news, without prejudice communications by tracey

‘There is no rule that communications treated as “without prejudice” despite not being labelled as such cannot be referred to when considering costs, the High Court has ruled.’

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Litigation Futures, 12th September 2019

Source: www.litigationfutures.com

HMRC escapes costs after defending appeal over ‘chaotic’ decision – Law Society’s Gazette

Posted September 10th, 2019 in appeals, costs, HM Revenue & Customs, news, taxation by tracey

‘HM Revenue & Customs will not have to pay the £6,245 costs of a wine wholesaler who successfully appealed a decision notice, a tribunal has ruled.’

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Law Society's Gazette, 9th September 2019

Source: www.lawgazette.co.uk

Settling for nil damages can still be a genuine Part 36 offer – MR v Commissioner of Police of the Metropolis [2019] EWHC 1970 QB – Zenith PI

Posted September 6th, 2019 in assault, costs, damages, false imprisonment, harassment, news, part 36 offers, police by tracey

‘The appellant was arrested on suspicion of harassment but was later released without charge, after police had taken fingerprints and DNA samples. The appellant issued a claim for false imprisonment and assault.’

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Zenith PI, 5th September 2019

Source: zenithpi.wordpress.com

Sir Cliff Richard: BBC ‘pays £2m’ in final settlement after privacy case – BBC News

Posted September 4th, 2019 in BBC, compensation, costs, news, police, privacy by sally

‘Sir Cliff Richard has reached a final settlement after his legal action against the BBC, which will pay a reported £2m towards his legal costs.’

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BBC News, 4th September 2019

Source: www.bbc.co.uk

Costs lawyers “see opportunities” in helping clients challenge bills – Litigation Futures

Posted September 3rd, 2019 in appeals, budgets, costs, news, proportionality, solicitors, statistics by sally

‘A majority of costs lawyers think there is a business opportunity in helping unhappy clients challenge their solicitors’ bills, a survey has found.’

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Litigation Futures, 3rd September 2019

Source: www.litigationfutures.com

Budgeting “not inevitable” in catastrophic injury cases – Litigation Futures

‘Costs budgeting is not “inevitable” in high-value injury cases and lawyers should consider whether the best approach may be to dispense with it altogether, a leading practitioner has suggested.’

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Litigation Futures, 29th August 2019

Source: www.litigationfutures.com

Costs in statutory/judicial reviews where the claim fails at the permission stage (Campaign to Protect Rural England—Kent Branch v SSCLG) – No. 5 Chambers

Posted August 29th, 2019 in costs, judicial review, news, planning by sally

Planning analysis: In refusing permission to apply for statutory review, the Court of Appeal held that there was no limit to the number of parties to which claimants could be liable to in costs and that the court was correct not to limit further the Aarhus cap on the basis that the claim failed at the permission stage. Nevertheless, successful defendants and/or interested parties may only recover reasonable and proportionate costs. Written by Howard Leithead, barrister at No5 Chambers.

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No. 5 Chambers, 5th August 2019

Source: www.no5.com

Costs budgeting is not inevitable – Charlie Cory-Wright QC – UK Human Rights Blog

Posted August 27th, 2019 in budgets, civil procedure rules, costs, news, personal injuries by sally

‘Generally speaking, we lawyers dislike procedural change. While we may well understand that a particular change is necessary and we will certainly recognise that we need to adapt to it when it comes, such changes nonetheless tend to make us feel ignorant and highly uncomfortable. We have to treat any new procedural regime as a known unknown, which presents pitfalls for the unwary, at least until we become familiar with it. And in the meantime, a culture of half-knowledge develops, an uncertain and dangerous combination of a little learning, anecdote, and false assumptions. This very often leads to negative over-simplification.’

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UK Human Rights Blog, August 2019

Source: ukhumanrightsblog.com

Costs Orders against Lawyers: A line in the sand – Hailsham Chambers

Posted August 23rd, 2019 in costs, damages, malicious prosecution, news, solicitors by sally

‘Imagine a case where lawyers, seek damages on behalf of a client which include their unrecovered costs in earlier litigation where they acted for the same client. If the new claim fails, are they personally liable for the winner’s costs? This was the startling proposition advanced in this case. Rose LJ has said that it is wrong.’

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Hailsham Chambers, 9th August 2019

Source: www.hailshamchambers.com

Adding Insult to Injury – Hailsham Chambers

Posted August 23rd, 2019 in costs, expert witnesses, negligence, news, personal injuries, time limits by sally

‘A rough guide to Personal Injury and Clinical Negligence Litigation for Professional Indemnity Lawyers.’

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Hailsham Chambers, 13th August 2019

Source: www.hailshamchambers.com

Elderly solicitor struck off for overcharging clients – Legal Futures

‘A solicitor’s 55 years of practice have come to an end after he was struck off for overcharging probate clients.’

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Legal Futures, 23rd August 2019

Source: www.legalfutures.co.uk

Other side’s costs bigger? Not relevant, says judge – Law Society’s Gazette

Posted August 22nd, 2019 in civil procedure rules, costs, injunctions, news by sally

‘The High Court has told a litigant they cannot argue against their opponent’s costs simply on the basis that the figure is higher than their own.’

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Law Society's Gazette, 20th August 2019

Source: www.lawgazette.co.uk

Court of Appeal highlights value of early neutral evaluation – Litigation Futures

‘Requiring parties to submit to early neutral evaluation (ENE) against their will is “not an obstruction to or constraint on” their access to the court, the Court of Appeal has ruled.’

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Litigation Futures, 21st August 2019

Source: www.litigationfutures.com

London borough prosecutes man who tried to take over council flat by claiming to be nephew of deceased tenant – Local Government Lawyer

‘The London Borough of Tower Hamlets has successfully prosecuted a man who fraudulently tried to take over the council tenancy of a resident who had passed away by pretending to be his nephew.’

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Local Government Lawyer, 20th August 2019

Source: www.localgovernmentlawyer.co.uk

High Court to consider scope of provisional assessment appeal – Litigation Futures

Posted August 6th, 2019 in appeals, civil procedure rules, costs, jurisdiction, news by tracey

‘The High Court is set to rule on whether a party’s right to appeal from an oral hearing that follows a provisional assessment is limited to decisions made at the hearing.’

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Litigation Futures, 6th August 2019

Source: www.litigationfutures.com

Another judge wrongly views ‘without prejudice’ offer – Litigation Futures

Posted August 5th, 2019 in costs, disclosure, judges, news, tribunals, without prejudice communications by tracey

‘The First-tier Tribunal (FTT) wrongly took into account a “without prejudice” offer when deciding on the costs of a case when there was no reason to believe that it was “save as to costs”, the Upper Tribunal has ruled.’

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Litigation Futures, 5th August 2019

Source: www.litigationfutures.com

Children: Public Law Update (Summer 2019) – Family Law Week

Posted August 1st, 2019 in appeals, case management, child abuse, children, costs, families, health, news by tracey

‘John Tughan QC of 4 Paper Buildings reviews recent important Children Public Law cases.’

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Family Law Week, 31st July 2019

Source: www.familylawweek.co.uk

MPs call for QOCS to cover discrimination cases – Litigation Futures

Posted July 30th, 2019 in costs, damages, enforcement, equality, news, select committees by sally

‘Qualified one-way costs shifting (QOCS) should be extended to cover discrimination cases in the county court, MPs on the House of Commons women and equalities committee have recommended.’

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Litigation Futures, 30th July 2019

Source: www.litigationfutures.com