Medical Protection Society lays out nine-point plan for “urgent” reform of claims – Litigation Futures

Posted June 23rd, 2017 in compensation, costs, health, negligence, news, statistics by tracey

‘Medical Protection Society lays out nine-point plan for “urgent” reform of claims.’

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Litigation Futures, 23rd June 2017

Source: www.litigationfutures.com

Cost of NHS negligence claims likely to double by 2023, says study – The Guardian

Posted June 23rd, 2017 in compensation, costs, health, negligence, news by tracey

‘The annual cost to the NHS in England of settling clinical negligence claims is equivalent to training 6,500 doctors and is expected to double by 2023, according to the Medical Protection Society.’

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The Guardian, 23rd June 2017

Source: www.theguardian.com

Term-time holiday legal battle has cost taxpayers almost £140,000 so far – The Guardian

Posted June 23rd, 2017 in costs, education, fines, government departments, holidays, news, school children by tracey

‘The government spent almost £140,000 of taxpayers’ money on a prolonged legal battle against a father who took his daughter out of school for a holiday during term-time, according to new figures.’

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The Guardian, 23rd June 2017

Source: www.theguardian.com

Jackson to pilot £80,000 costs cap for some cases worth up to £250,000 – Litigation Futures

Posted June 22nd, 2017 in costs capping orders, news, pilot schemes by tracey

‘The work on extending fixed recoverable costs (FRC) is going to start with a pilot to test capping costs at £80,000 for claims up to £250,000 in a limited number of courts, it has emerged.’

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Litigation Futures, 22nd June 2017

Source: www.litigationfutures.com

Costs: Appeal court backs Merrix stance on budget status – Law Society’s Gazette

Posted June 22nd, 2017 in budgets, civil procedure rules, costs, news, proportionality by tracey

‘An approved budget cannot be re-opened by a costs judge at detailed assessment unless there is “good reason” to do so, the Court of Appeal held today in a much-awaited ruling in Harrison v University Hospitals Coventry & Warwickshire NHS Trust.’

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Law Society's Gazette, 21st June 2017

Source: www.lawgazette.co.uk

Revealed: Jackson’s fixed fees pilot to cap costs at £80k – Law Society’s Gazette

Posted June 21st, 2017 in civil justice, civil procedure rules, costs, judges, news, pilot schemes by sally

‘Pointers for the potential level of fixed costs for civil claims have been revealed on the eve of a pilot scheme to test how the idea will work.’

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Law Society's Gazette, 20th June 2017

Source: www.lawgazette.co.uk

Crufts flyball winner banned from keeping dogs for life after RSPCA investigation – Daily Telegraph

Posted June 21st, 2017 in animal cruelty, charities, costs, dogs, news, sentencing, suspended sentences by sally

‘A former Crufts winner has been banned from keeping dogs for life after more than 30 animals were found living in “disgraceful” conditions at her home.’

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Daily Telegraph, 20th June 2017

Source: www.telegraph.co.uk

Rule committee should look at gap in QOCS exception, says High Court judge – Litigation Futures

Posted June 20th, 2017 in civil procedure rules, costs, news, personal injuries by sally

‘The Civil Procedure Rule Committee may need to address a hole in the exception from qualified one-way costs-shifting (QOCS) that meant defendants in a personal injury claim could not seek their costs because service of the claim had been set aside, rather than struck out, a High Court judge has ruled.’

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Litigation Futures, 19th June 2017

Source: www.litigationfutures.com

Landlords ordered to pay £3k in costs after unreasonable behaviour in appeal – Local Government Lawyer

Posted June 20th, 2017 in appeals, costs, landlord & tenant, local government, news, tribunals by sally

‘The London Borough of Islington has secured a £3,000-plus costs order in its favour after a judge found that landlords had “behaved unreasonably in bringing an appeal which they never intended to pursue properly and never did pursue properly”.’

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Local Government Lawyer, 19th June 2017

Source: www.localgovernmentlawyer.co.uk

Supreme court narrowly rejects Northern Ireland free abortions appeal – The Guardian

Posted June 15th, 2017 in abortion, appeals, costs, health, news, Northern Ireland, Supreme Court, women by sally

‘The supreme court has ruled that women from Northern Ireland are not entitled to free access to abortions on the NHS, a decision that was condemned by campaigners as a “further blow to women” from the region.’

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The Guardian, 14th June 2017

Source: www.theguardian.com

Sharp v Sharp: ruling ‘gives couples more to bicker about’ – Law Society’s Gazette

Posted June 15th, 2017 in appeals, costs, divorce, financial provision, news by sally

‘A City trader has successfully challenged a divorce judgment awarding her ex-husband of four years £2.7m – in a decision that family lawyers warn raises more questions than it answers.’

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Law Society's Gazette, 13th June 2017

Source: www.lawgazette.co.uk

High Court orders trial over enforcement of disputed DBA – Law Society’s Gazette

Posted June 15th, 2017 in agreements, costs, damages, delay, law firms, news by sally

‘The High Court has allowed for trial of a preliminary issue in a case concerning the limits of a damages based agreement (DBA).’

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Law Society's Gazette, 13th June 2017

Source: www.lawgazette.co.uk

Judge warns of costs sanctions for parties that drowned him in skeletons and bundles – Litigation Futures

Posted June 14th, 2017 in costs, drafting, injunctions, news, sanctions by tracey

‘A High Court judge has described as “absurd” the conduct of parties in an employment dispute that produced thousands of pages in bundles – but only referred to 100 of them – and skeleton arguments more than seven times the expected length.’

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Litigation Futures, 14th June 2017

Source: www.litigationfutures.com

Oliver v Sheffield City Council [2017] EWCA Civ. 225 – Tanfield Chambers

‘A local authority was required to give credit to leaseholders for funds received from third-parties when recovering a contribution to the cost of major works.’

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Tanfield Chambers, 1st June 2017

Source: www.tanfieldchambers.co.uk

Leigh Day exonerated after longest and most expensive disciplinary tribunal prosecution ever – Legal Futures

‘The longest and most expensive case brought in the history of the Solicitors Disciplinary Tribunal (SDT) has ended with high-profile claimant lawyer Martyn Day, two of his colleagues and his firm Leigh Day fully exonerated.’

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Legal Futures, 9th June 2017

Source: www.legalfutures.co.uk

Rule 44. 11 – Court’s powers in relation to misconduct – 4 KBW

‘Part 44 of the Civil Procedure (Amendment) Rules 2013 (SI 2013/262) was re-enacted on 1st April 2013 and concerns the court’s powers in relation to misconduct. incur Where a party (a) fails to comply with a court rule in assessment or summary proceedings, or (b) acts unreasonably or improperly before or during proceedings the court may disallow all or part of the costs which are being assessed or order the party at fault or that party’s legal representative to pay costs which that party or legal representative has caused any other party to incur. The misconduct extends to the legal representative of a party as well as to the party personally and includes both summary assessment and detailed assessment proceedings and refers to any failure to comply with the provisions of Part 47 and any direction, rule, practice direction or court order.’

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4 KBW, 2nd June 2017

Source: www.4kbw.net

Recovering costs – helpful hints (private law) – Local Government Lawyer

‘James E. Petts sets out some key considerations for local authorities looking to recover their costs.’

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Local Government Lawyer, 9th June 2017

Source: www.localgovernmentlawyer.co.uk

Whip-lash away? – Counsel

Posted June 9th, 2017 in barristers, bills, costs, damages, judges, news, personal injuries, road traffic by sally

‘As the general election pauses the planned whiplash reforms, Robert Weir QC examines the winners and losers, implications for personal injury litigation and disproportionate impact on the junior Bar.’

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Counsel, June 2017

Source: www.counselmagazine.co.uk

In re RBS rights issue litigation (No 2) – WLR Daily

Posted June 7th, 2017 in civil procedure rules, costs, insurance, law reports, third parties by sally

In re RBS rights issue litigation (No 2) [2017] EWHC 1217 (Ch)

‘Subsequent to the defendant bank and its directors having learnt of the identity of the third party funders of the claimants following a successful application made under CPR r 25.14, the defendants sought security for costs pursuant to CPR r 25.14(2)(b) against those funders. That application was prompted by settlements with some of the original claimants, as a result of which the remaining claimants’ exposure to adverse costs increased, and by the defendants learning that the claimants did not have adequate after-the-event (“ATE”) insurance cover in place. The first respondent, a commercial funder and British Virgin Islands entity, opposed the application on the grounds that: (a) its financial position was such that it would be well able to meet any award for costs and in any event the defendants had not demonstrated that the claimants would fail to meet a costs award against them; and (b) the application was made extremely late and therefore caused it and the claimants real prejudice. The second respondent, an Isle of Man entity that was not in the business of litigation funding and provided funding close to the eve of trial, opposed the application on the grounds that: (a) it was unlikely that a section 51 order would be made against it in due course; and (b) no security was justified or necessary on the evidence and the timing was oppressive. Both respondents also argued that: (c) the quantum of security sought was excessive.’

WLR Daily, 23rd May 2017

Source: www.iclr.co.uk

Competition tribunal scolds Law Society over disclosure failure – Legal Futures

Posted June 7th, 2017 in competition, costs, disclosure, documents, indemnities, Law Society, news, tribunals by sally

‘The president of the Competition Appeal Tribunal (CAT) has reproached the Law Society for a “deeply unimpressive” explanation of its failure to disclose all the documents it should have done in the Socrates case.’

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Legal Futures, 7th June 2017

Source: www.legalfutures.co.uk