BBC calls on government to clarify privacy law – Law Society’s Gazette

Posted August 16th, 2018 in BBC, costs, freedom of expression, media, news, privacy, public interest by sally

‘The BBC today admitted that the way it reported the police raid on the home of Sir Cliff Richard will make it hard to persuade the Court of Appeal that the High Court was wrong to award the singer heavy damages last month for breach of privacy. Announcing that it will not seek leave to appeal the judgment in Sir Cliff Richard OBE v British Broadcasting Corporation the BBC called on the government to clarify the balance between the rights to privacy and free expression.’

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Law Society's Gazette, 15th August 2018

Source: www.lawgazette.co.uk

Court of Appeal awards security for costs against Russian national – OUT-LAW.com

Posted August 16th, 2018 in appeals, costs, enforcement, news by sally

‘The Court of Appeal has ordered a Russian national to provide full security for the legal costs of a former business partner.’

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OUT-LAW.com, 15th August 2018

Source: www.out-law.com

QOCS: costs orders enforceable against damages awards obtained against other defendants – Hailsham Chambers

Posted August 7th, 2018 in costs, damages, enforcement, news by sally

‘Where a claimant in a QOCS case sues multiple defendants and recovers damages against one or more of them, any successful defendants with costs awards in their favour can enforce them against those damages, the Court of Appeal has decided in Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654 – but only if the damages are obtained pursuant to a court order rather than a settlement embodied in a Tomlin order.’

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Hailsham Chambers, 18th July 2018

Source: zm4b8103lu53ydv9q1e2go51-wpengine.netdna-ssl.com

Part 36: no presumption in favour of indemnity costs on late acceptance – Hailsham Chambers

Posted August 7th, 2018 in costs, delay, indemnities, news, part 36 offers, time limits by sally

‘Where a defendant accepts a claimant’s Part 36 offer after expiry of the 21 day period, many claimants (and legal commentators) have argued that the claimant should be entitled to recover indemnity costs from the expiry of the relevant period, just as they would if the case had gone to trial and the same result had been achieved. This argument has been particularly attractive to claimants where fixed costs apply, as an order for indemnity costs will allow the claimant to recover more than fixed costs. A number of County Court Judges and District Judges have accepted this argument in PI actions to which fixed costs apply.’

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Hailsham Chambers, 23rd July 2018

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Caroline Wood discusses costs, Qowcs and multiple defendants – Park Square Barristers

Posted August 6th, 2018 in civil procedure rules, costs, enforcement, news, personal injuries by sally

‘This was a noise induced hearing loss claim where the claimant had issued against 6 Defendants. On 12 December 2016, the claimant compromised its claim against D4 – D6. That compromise was in the form of a Tomlin order. It ordered that all further proceedings in respect of the claims against D4- D6 were stayed, except for the purposes of carrying out the agreed terms of settlement, which were set out in a separate schedule.’

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Park Square Barristers, 24th July 2018

Source: www.parksquarebarristers.co.uk

Costs blow for tardy defendant with ‘worse than hopeless’ case – Law Society’s Gazette

Posted August 6th, 2018 in costs, delay, hospitals, indemnities, negligence, news, part 36 offers, time limits by sally

‘Civil claimants despairing at Part 36 costs rules have a ray of hope following a court’s decision to swing the pendulum their way again. In Holmes v West London Mental Health NHS Trust the High Court ruled last week that a defendant party who waited 15 months to accept a Part 36 offer must pay indemnity costs covering the period of delay.’

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Law Society's Gazette, 3rd August 2018

Source: www.lawgazette.co.uk

Costs and Vexatiousness: Upper Tribunal Updates – Panopticon

Posted August 6th, 2018 in costs, freedom of information, news, vexatious litigants by sally

‘The procedural exemptions in sections 12 and 14 of FOIA are some of the most commonly used, and most commonly litigated, provisions of the legislation. Unsurprisingly, they have led to a disproportionate degree of appellate involvement. More surprisingly, they continue to do so. Three recent Upper Tribunal decisions add to that body of jurisprudence which ought to be considered by authorities faced with burdensome requests. This post is, as a result, quite burdensome itself.’

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Panopticon, 3rd August 2018

Source: panopticonblog.com

Appeal judges reject “sliding scale” approach to quantum of security for costs – Litigation Futures

Posted August 3rd, 2018 in appeals, costs, enforcement, foreign jurisdictions, judgments, news by tracey

‘The Court of Appeal has rejected the use of a “sliding scale” to reduce the amount of security for costs in cases where there is a risk that court orders will not be enforced.’

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Litigation Futures, 3rd August 2018

Source: www.litigationfutures.com

Judge orders indemnity costs against NHS trust for outrageous “bimbling” – Litigation Futures

Posted August 2nd, 2018 in costs, delay, hospitals, judgments, news by tracey

‘The High Court has hammered both sides in a medical negligence case involving a mentally ill woman for outrageous “bimbling”. His Honour Judge Gore QC, sitting as a High Court judge, said the word – which means to move at a leisurely pace – was used by one of his daughters.’

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Litigation Futures, 2nd August 2018

Source: www.litigationfutures.com

Man jailed after he banned girlfriend from using Snapchat after four-week relationship – Daily Telegraph

‘A man who banned his girlfriend from using Snapchat and controlled her use of Facebook has been jailed for his psychological abuse after a relationship that lasted less than a month’

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Daily Telegraph, 1st August 2018

Source: www.telegraph.co.uk

Circuit judge was wrong to apply QOCS to ‘mixed’ claim automatically, High Court rules – Litigation Futures

‘A circuit judge was wrong to order that qualified one-way costs shifting (QOCS) automatically applied to a claim about misuse of data because it also included a personal injury (PI) element, the High Court has ruled.’

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Litigation Futures, 1st August 2018

Source: www.litigationfutures.com

Judge criticises ‘generally unhelpful’ firm over application in VW case – Law Society’s Gazette

Posted July 31st, 2018 in class actions, costs, law firms, news, professional conduct by sally

‘A Derbyshire firm involved in the group action case against car maker Volkswagen (VW) has been criticised for its ‘inconsistent, non-engaging and generally unhelpful’ conduct in an application to extend the timeframe for a service of claim.’

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Law Society's Gazette, 31st July 2018

Source: www.lawgazette.co.uk

Sir Cliff Richard: BBC agrees to pay £850,000 legal costs – BBC News

Posted July 26th, 2018 in BBC, costs, freedom of expression, media, news, police, privacy by sally

‘The BBC has agreed to pay Sir Cliff Richard £850,000 within 14 days to cover his legal costs, following his privacy case against the corporation.’

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BBC News, 26th July 2018

Source: www.bbc.co.uk

CoA: Claimant limited to fixed costs even where Part 36 accepted late – Law Society’s Gazette

Posted July 24th, 2018 in appeals, costs, delay, news, part 36 offers, personal injuries by tracey

‘Fixed costs apply to low-value claims even when the defendant has waited more than 18 months to settle the claim, the Court of Appeal ruled today. In the long-awaited Hislop v Perde judgment, Lord Justice Coulson said the claimant could not argue that the delay – even with no apparent justification – triggered an ‘exceptional circumstances’ provision set out in Civil Procedure Rules.’

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Law Society's Gazette, 23rd July 2018

Source: www.lawgazette.co.uk

Indemnity costs, allegations of fraud and discontinuance: PJSC Aeroflot v Forus and others [2018] EWHC 1735 (Ch) – Zenith PI

Posted July 20th, 2018 in costs, fraud, indemnities, news by tracey

‘There are lessons for practitioners in all areas in the judgment of Rose J in Aeroflot v Forus and others. That case – a long-running chancery matter concerning skulduggery, political intrigue and alleged fraud –stands as a reminder that parties plead fraud at their peril.’

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Zenith PI, 17th July 2018

Source: zenithpi.wordpress.com

CoA refuses costs ‘carte blanche’ to cases with multiple defendants – Law Society’s Gazette

Posted July 19th, 2018 in appeals, costs, news by tracey

‘The Court of Appeal has made clear it will not grant costs favours to claimants bringing proceedings against multiple defendants.’

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Law Society's Gazette, 19th July 2018

Source: www.lawgazette.co.uk

High Court judge berates leading law firm for “shameful” behaviour – Legal Futures

Posted July 12th, 2018 in airlines, costs, law firms, news, professional conduct by sally

‘A High Court judge has accused leading law firm Pinsent Masons of losing sight of “any basic standard of decent and compassionate behaviour” in the way it dealt with the widow of a defendant its client was suing.’

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Legal Futures, 11th July 2018

Source: www.legalfutures.co.uk

Costs judge applies ‘wider criteria’ in proportionality dispute – Law Society’s Gazette

Posted July 11th, 2018 in costs, injunctions, news, proportionality by tracey

‘A costs judge has refused to pare a defendant’s costs after finding she should not have to bear the consequences of the claimant’s conduct.’

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Law Society's Gazette, 10th July 2018

Source: www.lawgazette.co.uk

Sheffield tree protester guilty of obstructing PC – BBC News

‘An anti-tree felling campaigner has been convicted of obstructing police for failing to give his name and address when he was being arrested.’

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BBC News, 9th July 2018

Source: www.bbc.co.uk

High Court orders indemnity costs against claimant that discontinued on eve of hearing – Litigation Futures

Posted July 10th, 2018 in airlines, costs, fraud, indemnities, news by sally

‘Russian state airline Aeroflot has been ordered to pay indemnity costs for the entire eight years of a fraud claim that it dropped on the eve of opening submissions.’

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Litigation Futures, 10th July 2018

Source: www.litigationfutures.com