Alerter by Arnold Ayoo – Costs of an Interim Injunction Where a Defendant Consents to Relief – Henderson Chambers

Posted May 20th, 2022 in chambers articles, costs, injunctions, news by sally

‘In Clayton Recruitment Limited v Wilson & Anor [2022] EWHC 1054 (Ch), the Claimant obtained a costs order after compromising an application for injunctive relief in the Chancery Division against a Defendant.’

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Henderson Chambers, 11th May 2022

Source: www.hendersonchambers.co.uk

Landlord loses court battle with local authority over costs agreement reached by his counsel – Local Government Lawyer

‘A cost agreement cannot be undone simply because one party claimed to have stopped instructing the barrister concerned.’

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Local Government Lawyer, 19th May 2022

Source: www.localgovernmentlawyer.co.uk

A judge has discretion to grant relief from sanctions without a formal application or any application at all, Court of Appeal reaffirms- Farrar’s Building

‘In Park v Hadi and Another [2022] EWCA Civ 581, the Court of Appeal (Holroyde, Stuart-Smith and Warby LJJ), reaffirmed the principle that a judge may, of her own discretion, grant relief from sanctions without formal notice or without any application at all. The Court went on to issue guidance as to how this judicial discretion ought to be exercised, observing that a judge should always act in accordance with the overriding objective and will likely only exercise her discretion to grant relief sparingly.’

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Farrar's Building, 5th May 2022

Source: www.farrarsbuilding.co.uk

Revision and variation of costs budgets on account of significant developments: Consequences of failing to obtain the court’s approval – Guildhall Chambers

Posted May 19th, 2022 in budgets, civil procedure rules, costs, news by sally

‘Once a Costs Management Order (“CMO”) has been made, parties are required to revise costs budgets if significant developments in the litigation warrant such revisions. If the revised costs budgets are not agreed, the Court’s approval of the variations must be sought by the revising party. The requirements for revisions to costs budgets and approval by the Court were in 3PD Paragraph 7.6 and, following amendments in 2020, are now in CPR 3.15A under the heading “Revision and variation of costs budgets on account of significant developments (‘variation costs’)”.’

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Guildhall Chambers, 2nd May 2022

Source: www.guildhallchambers.co.uk

Equalising goal: Law Society proposes SLAPP curbs – Law Society’s Gazette

Posted May 19th, 2022 in costs, freedom of expression, Law Society, news, public interest by sally

‘The Law Society has today echoed calls for a clampdown on so-called “lawfare”, but warned of “unintended consequences” if reforms are not properly thought through.’

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Law Society's Gazette, 19th May 2022

Source: www.lawgazette.co.uk

Costs in Contempt Proceedings – Francis Taylor Building

Posted May 18th, 2022 in appeals, chambers articles, costs, injunctions, news, trespass by sally

‘The Court of Appeal has handed down judgment in The Secretary of State for Transport and High Speed 2 Ltd v Cuciurean [2022] EWCA Civ 661 (link), an appeal against a costs order made against Mr Cuciurean after his committal for contempt for breaching an anti-trespass injunction. The breaches arose in the context of Mr Cuciurean’s opposition to and desire to protest against the HS2 project.’

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Francis Taylor Building, 16th May 2022

Source: www.ftbchambers.co.uk

Judge blasts ‘wasteful’ lawyers who filed 6,000-page bundles – Law Society’s Gazette

Posted May 16th, 2022 in costs, judges, law firms, news, solicitors by tracey

‘A High Court judge has issued a stern rebuke to lawyers who ran up massive costs and lumbered the court with voluminous bundles.’

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Law Society's Gazette, 16th May 2022

Source: www.lawgazette.co.uk

Home secretary Priti Patel overrode legal advice in asylum cases, adding to record costs – The Independent

‘Priti Patel has repeatedly overridden Home Office legal advice on immigration and asylum cases, adding to record costs for the taxpayer, The Independent can reveal.’

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The Independent, 15th May 2022

Source: www.independent.co.uk

Solicitors lose appeal over £2m invoice charged through DBA – Law Society’s Gazette

Posted May 13th, 2022 in appeals, costs, damages, insolvency, law firms, news, solicitors by tracey

‘The Court of Appeal has dismissed an attempt by solicitors to secure a £2m payment from an insolvent client for work carried out on a damages based agreement.’

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Law Society's Gazette, 12th May 2022

Source: www.lawgazette.co.uk

Section 40: government to repeal controversial media law – The Guardian

Posted May 12th, 2022 in costs, media, news, repeals by sally

‘A controversial law that could force publishers to pay the costs of the people who sue them, even if they win, is to be repealed, the government has announced.’

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The Guardian, 10th May 2022

Source: www.theguardian.com

LiP loses costs challenge over ‘no longer instructed’ barrister – Law Society’s Gazette

‘A litigant who tried to argue that his costs order was agreed by a barrister who was no longer instructed has lost a court challenge.’

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Law Society’s Gazette, 9th May 2022

Source: www.lawgazette.co.uk

Case Comment: Her Majesty’s Attorney General v Crosland [2021] UKSC 58 – UKSC Blog

‘Mr Crosland appealed against a decision of the Supreme Court in which he was ordered to pay a fine of £5,000 to HM Paymaster General, and costs of a further £15,000, for contempt of court. The court at first instance (“First Instance Panel”) was satisfied that Mr Crosland committed contempt of court by disclosing the outcome of the court’s judgment in R (on the application of Friends of the Earth) v Heathrow Airport Ltd [2020] UKSC 52 (“Heathrow Judgment”) whilst still in draft and subject to embargo.’

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UKSC Blog, 26th April 2022

Source: ukscblog.com

EPA prosecution costs – Nearly Legal

‘A judicial review of a Magistrates Court decision on costs in a section 82 Environmental Protection Act 1990 prosecution.’

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Nearly Legal, 18th April 2022

Source: nearlylegal.co.uk

Treat family separations “as transactions, not litigation” – Legal Futures

Posted April 14th, 2022 in costs, dispute resolution, divorce, families, family courts, judges, news by tracey

‘Family separation cases should “operate in a transactional way, as with conveyancing, rather than under the banner of litigation”, the chair of the Family Solutions Group has argued.’

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Legal futures, 14th April 2022

Source: www.legalfutures.co.uk

System failure led to default judgment against leading law firm – Legal Futures

‘Leading legal aid firm Duncan Lewis has been ordered to pay a former director costs of £6,500 for setting aside a default employment tribunal judgment caused by its internal failures.’

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Legal Futures, 13th April 2022

Source: www.legalfutures.co.uk

Apocalypse now? Judge stunned at £8m divorce costs – Law Society’s Gazette

Posted April 13th, 2022 in costs, divorce, families, family courts, financial dispute resolution, judges, news by tracey

‘A High Court judge has called for a cap on costs in family cases after describing the “apocalyptic” state of expensive divorce proceedings.’

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Law Society's Gazette, 13th April 2022

Source: www.lawgazette.co.uk

Mediating Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

‘The NHS in England faces paying out £4.3bn in legal fees to settle outstanding claims of clinical negligence: so reported the BBC in January 2020 following a Freedom of Information Request. Estimates published in 2019 put the total cost of outstanding compensation claims at £83bn; NHS England’s total budget in 2018-19 was £129bn.’

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Ropewalk Clinical Negligence Blog, 7th April 2022

Source: www.ropewalk.co.uk

MoJ finally responds to part 2 of whiplash consultation – five years on – Legal Futures

Posted March 23rd, 2022 in accidents, compensation, costs, delay, Ministry of Justice, news, personal injuries by sally

‘The Ministry of Justice (MoJ) today unexpectedly published its response to part 2 of the whiplash consultation which closed in January 2017, with no proposals for any immediate reform.’

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Legal Futures, 22nd March 2022

Source: www.legalfutures.co.uk

UK to fully compensate postmasters who exposed scandal – BBC News

‘Subpostmasters who helped uncover the Post Office IT scandal but missed out on full compensation are to get payouts under a new government scheme.’

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BBC News, 22nd March 2022

Source: www.bbc.co.uk

Local authority ordered to pay 85% of costs of wasted Court of Protection hearing – Local Government Lawyer

‘A local authority that was seeking to restrict a woman’s access to social media has been ordered to pay 85% of the Official Solicitor’s costs after the council was late in submitting assessments and a position statement.’

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Local Government Lawyer, 22nd March 2022

Source: www.localgovernmentlawyer.co.uk