Can a party withdraw from adjudication part way through and what are the implications? – Practical Law: Construction Blog

Posted October 17th, 2017 in construction industry, costs, dispute resolution, news, wasted costs orders by tracey

‘Jacobs UK Ltd v Skanska Construction UK Ltd was a dispute all about the adequacy of Jacobs’ design services, which related to street lighting in Lewisham and Croydon. It highlights some interesting issues related to whether a party is entitled to withdraw from an adjudication and then start again.’

Full Story

Practical Law: Construction Blog , 17th October 2017

Source: constructionblog.practicallaw.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.’

Full Story

Zenith PI, 16th October 2017

Source: zenithpi.wordpress.com

Government accepts Jackson’s call for CJC to seek industry agreement on low-value clin neg claims – Litigation Futures

Posted October 17th, 2017 in Civil Justice Council, costs, health, negligence, news by tracey

‘The government has accepted Lord Justice Jackson’s recommendation that the Civil Justice Council (CJC) be tasked with negotiating a new bespoke process and fixed costs regime for low-value clinical negligence claims, it emerged yesterday.’

Full Story

Litigation Futures, 17th October 2017

Source: www.litigationfutures.com

Government calls for holiday sickness fraud evidence as it treats ABTA figures with caution – Legal Futures

Posted October 13th, 2017 in costs, fraud, holidays, insurance, news, personal injuries by tracey

‘The Ministry of Justice has today issued a call for evidence that it said would give ministers “a greater insight into the reported rise” in fraudulent holiday sickness claims, but displayed caution in the use of the oft-cited figure of a 500% increase in cases.’

Full Story

Legal Futures, 13th October 2017

Source: www.legalfutures.co.uk

Whalley v Advantage Insurance [2017]: Costs Consequences Following the Late Acceptance of Part 36 Offers in Fixed Costs Cases – Zenith PI Blog

Posted October 12th, 2017 in civil procedure rules, costs, delay, insurance, news, part 36 offers, personal injuries by sally

‘The Claimant brought a claim for personal injury arising out a road traffic accident which took place on 11th July 2014. The Claimant went on to make a Part 36 offer to accept an 85/15 split on liability dated 7th December 2015. The Defendant’s time for accepting the offer expired on 30th December 2015. The Defendant did not in fact accept the Claimant’s Part 36 offer until 29th January 2016. The delay in accepting the offer was therefore just under one month post expiry. Quantum was agreed in the sum of £10,000 which was paid. The issue was whether the Claimant’s costs were limited to fixed costs for the entire action or whether the Claimant was entitled to either assessed costs or indemnity costs for the period 30th December 2015 to 29th January 2016.’

Full Story

Zenith PI Blog, 11th October 2017

Source: zenithpi.wordpress.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.’

Full Story

The Guardian, 10th October 2017

Source: www.lawgazette.co.uk

Psychic harassed woman for 32 years, wrongly claiming to be child’s father – Daily Telegraph

Posted October 10th, 2017 in community service, costs, harassment, news, sentencing by sally

‘A former TV psychic has been banned from contacting a mother and daughter after he waged a 32-year harassment campaign in which he wrongly claimed he was the child’s father.’

Full Story

Daily Telegraph, 9th October 2017

Source: www.telegraph.co.uk

Council fined £150k over failures on hand arm vibration syndrome – Local Government Lawyer

Posted October 10th, 2017 in costs, fines, health & safety, local government, news by sally

‘A Welsh council has been fined £150,000 after a 57-year old employee in its StreetScene department was diagnosed with Hand Arm Vibration Syndrome (HAVS).’

Full Story

Local Government Lawyer, 9th October 2017

Source: www.localgovernmentlawyer.co.uk

Regional costs judge reverses position on part 36 offers in fixed-costs cases – Litigation Futures

Posted October 9th, 2017 in civil procedure rules, costs, indemnities, judges, news, part 36 offers by sally

‘A regional costs judge has concluded that he was wrong to rule in a previous case that late acceptance of a part 36 offer automatically entitled the claimant to an award of indemnity costs, and thus provided an escape route out of fixed costs.’

Full Story

Litigation Futures, 9th October 2017

Source: www.litigationfutures.com

Cost of welfare litigation in Court of Protection “may have chilling effect”: report – Local Government Lawyer

Posted October 6th, 2017 in costs, Court of Protection, local government, news by tracey

‘The cost to public authorities of welfare litigation in the Court of Protection “may have a chilling effect on their willingness to refer disputes to court where appropriate”, researchers have said.’

Full Story

Local Government Lawyer, 5th October 2017

Source: localgovernmentlawyer.co.uk

Six-month warning – lawyers told they cannot ignore electronic bill of costs – Litigation Futures

Posted October 6th, 2017 in civil procedure rules, costs, electronic filing, news by tracey

‘Practitioners have been warned that they can no longer ignore the electronic bill of costs, which now seems certain to become mandatory in the Senior Courts Costs Office (SCCO) and county courts on 6 April 2018.’

Full Story

Litigation Futures, 6th October 2017

Source: www.litigationfutures.com

Court rejects booking claims and convicts cab driver of blagging – Local Government Lawyer

Posted October 5th, 2017 in costs, fines, licensing, news, taxis, uninsured drivers by tracey

‘A private hire cab driver in Milton Keynes has been convicted of illegally plying for hire (blagging), with the magistrates’ court rejecting his argument that as he had make the booking on behalf of the customer the fare was lawful.’

Full Story

Local Government Lawyer, 4th October 2017

Source: localgovernmentlawyer.co.uk

Judge criticises ‘deeply disturbing’ practices at defunct Asons – Law Society’s Gazette

Posted October 4th, 2017 in costs, insurance, law firms, news, personal injuries by sally

‘The now-defunct Asons Solicitors has been ordered to meet the costs of insurance company LV=, after a court found that the law firm made ‘gross’ and ‘deeply disturbing’ failures in a personal injury case it was handling.’

Full Story

Law Society's Gazette, 3rd October 2017

Source: www.lawgazette.co.uk

Law Pod UK Ep. 11: The cost of surrogacy – a legitimate claim? – 1 COR

Posted October 2nd, 2017 in costs, damages, hospitals, negligence, news, surrogacy by sally

‘Rosalind English talks to David Prest about a recent High Court ruling on damages: Can someone who has been rendered infertile claim the costs of surrogacy abroad? A hospital admitted negligence in failing to diagnose the claimant’s cervical cancer. The chemotherapy and radiation treatment which followed rendered her infertile, but just before the treatment, her eggs were harvested and frozen. The court was asked to consider whether damages could include the cost of commercial surrogacy, an arrangement which is not legal in this country.’

Full Story

Law Pod UK, 29th September 2017

Source: audioboom.com

Are surrogacy costs a legitimate claim? – UK Human Rights Blog

Posted October 2nd, 2017 in costs, damages, expenses, news, surrogacy by sally

‘Commercial surrogacy arrangements are considered to be against public policy in the UK and therefore illegal. Surrogacy in the UK is only legal where there is no intention to make a profit – though reasonable expenses are recoverable. Where legal surrogacy is
carried out the surrogate mother is the legal mother of the child. In this case the claimant had suffered injury due to the hospital’s failure to diagnose her cervical cancer in time. She had to undergo chemotherapy and radiation treatment which, amongst other things, damaged her uterus so she was unable to bear and carry a child. Before the treatment she had her eggs frozen.’

Full Story

UK Human Rights Blog, 1st October 2017

Source: ukhumanrightsblog.com

Supreme Court to hear appeal against defective service ruling in law firm negligence case – Litigation Futures

‘The Supreme Court will hear an appeal in November by a litigant in person over the defective service of a negligence claim against a Midlands law firm, it has been confirmed.’

Full Story

Litigation Futures, 29th September 2017

Source: www.litigationfutures.com

Ex-employee of adult care department fined for taking personal data – Local Government Lawyer

Posted September 26th, 2017 in costs, data protection, fines, news, social services by sally

‘A former employee of Leicester City Council’s adult social care department has been fine for unlawfully obtaining personal data.’

Full Story

Local Government Lawyer, 25th September 2017

Source: www.localgovernmentlawyer.co.uk

Campaign group chief found guilty of refusing to divulge passwords – The Guardian

Posted September 26th, 2017 in conditional discharge, costs, news, police, stop and search, terrorism by sally

‘The international director of the campaign organisation Cage has been convicted of a terrorist offence after refusing to hand over passwords to his mobile phone and laptop.’

Full Story

The Guardian, 25th September 2017

Source: www.theguardian.com

You Can’t Have it Both Ways: Costs and Applications – Zenith PI Blog

Posted September 26th, 2017 in accountants, costs, news by sally

‘In Higgins and others v (1) ERC Accountants and Business Advisers Ltd and (2) Granite Tax Ltd [2017] EWHC 2190 (Ch) His Honour Judge Pelling QC, sitting as a judge of the High Court, dealt with various applications relating to service of claim forms.’

Full Story

Zenith PI Blog, 25th September 2017

Source: zenithpi.wordpress.com

Jackson: Most of the problems behind excessive costs are “sorted” or improving – Litigation Futures

Posted September 25th, 2017 in costs, fees, negligence, news by sally

‘Lord Justice Jackson said yesterday that 10 of the 16 causes of excessive costs in civil litigation he identified eight years ago have been eliminated or are on the way to elimination.’

Full Story

Litigation Futures, 22nd September 2017

Source: www.litigationfutures.com