Bereaved family say they need £50,000 to pay for legal representation at inquest – The Guardian

Posted October 11th, 2018 in bereavement, costs, fees, inquests, legal representation, news by sally

‘The parents of a vulnerable student who took her own life at a university where there has been a series of deaths have spoken of the difficulty of ensuring there is a fair and transparent investigation because they are struggling to match the legal firepower of other parties involved.’

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The Guardian, 11th October 2018

Source: www.theguardian.com

Doing the same thing all over again – Nearly Legal

‘A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our thanks to Hardwicke Chambers for making the judgment available.’

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Nearly Legal, 7th October 2018

Source: nearlylegal.co.uk

ISSUE-BASED COSTS ORDER? Departing from the usual rule in r.44.2 CPR – Zenith PI

Posted October 9th, 2018 in civil procedure rules, costs, health, negligence, news by tracey

‘In Welsh v Walsall Healthcare NHS Trust [2018] EWHC 2491 QB, Mrs Justice Yip DBE considered whether it was reasonable to depart from the usual rule in r.44.2 that the winner recovers their costs in full. This is a useful example of how a Court approached the principle of costs when the overall winning party was unsuccessful on a particular issue.’

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Zenith PI, 8th October 2018

Source: zenithpi.wordpress.com

Top costs QC: Unacceptable that proportionality test is still not clear – Litigation Futures

Posted October 9th, 2018 in barristers, costs, news, proportionality by tracey

‘It is “unacceptable” that there is still no guidance on the proportionality test more than five years after it came into force, a leading costs silk has argued.’

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Litigation Futures, 9th October 2018

Source: www.litigationfutures.com

Multiple defendants, discontinuance and QOCS – Zenith PI

Posted September 27th, 2018 in appeals, civil procedure rules, costs, news by tracey

‘Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654. When a claimant with the benefit of QOCS protection discontinues a claim there should be no enforceable costs order against them unless there has been fundamental dishonesty in bringing the claim. But what is the position in a case of multiple defendants where the same claimant is eventually successful in obtaining damages from another defendant to the action?’

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Zenith PI, 26th September 2018

Source: zenithpi.wordpress.com

£7m win for Chinese company in first ‘persons unknown’ freezing order – Law Society’s Gazette

Posted September 27th, 2018 in computer crime, costs, damages, freezing injunctions, news by tracey

‘The High Court has awarded the UK arm of natural resources company China Molybdenum Company (CMOC) £7m, in a case in which a worldwide freezing injunction against “persons unknown” was approved for the first time.’

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Law Society's Gazette, 26th September 2018

Source: www.lawgazette.co.uk

Council criticised over decision on care home costs and deprivation of capital – OUT-LAW.com

Posted September 25th, 2018 in care homes, costs, local government, news by sally

‘A council failed to take into consideration all relevant facts when deciding that an elderly couple had deliberately deprived themselves of capital in order to reduce the husband’s care costs, the Local Government and Social Care Ombudsman (LGO) has concluded.’

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Local Government Lawyer, September 2018

Source: www.localgovernmentlawyer.co.uk

Disciplined solicitor blames failings on legal aid cuts – Legal Futures

Posted September 25th, 2018 in costs, disciplinary procedures, expert witnesses, legal aid, news, solicitors by sally

‘A criminal sole practitioner has been fined for offences including failure to distribute legal aid payments for professional disbursements, which he blamed on having laid off a manager after the firm suffered from government cutbacks.’

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Legal Futures, 25th September 2018

Source: www.legalfutures.co.uk

Defendant lawyer hits out at £730k costs claim for £13k holiday sickness case – Litigation Futures

Posted September 25th, 2018 in costs, holidays, news by sally

‘A senior defendant lawyer has hit out at solicitors who claimed £730,000 in costs for a “straightforward” holiday sickness claim in a case with damages of only £13,000.’

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Litigation Futures, 24th September 2018

Source: www.litigationfutures.com

Arbitration clause “trumps” Part 8 application to overturn adjudicator’s decision – Practical Law: Construction Blog

Posted September 20th, 2018 in arbitration, construction industry, contracts, costs, news, stay of proceedings by tracey

‘When I was a kid, Top Trumps were all the rage. I know from my own boys that they still are. Back then, it was all about whether you had the fastest car or the most popular footballer (even Star Wars characters featured, but how did you decide if Hans Solo was better than Princess Leia?). Now, just about every topic is covered by a set of cards.
I mention this because a recent TCC judgment demonstrates that the arbitration clause in the JCT standard building contract can “trump” a Part 8 application for declaratory relief, with the court granting a stay of those Part 8 proceedings.’

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Practical Law: Construction Blog, 18th September 2018

Source: constructionblog.practicallaw.com

Supreme Court refuses to hear appeal over ‘dishonest’ costs claims – Litigation Futures

Posted September 20th, 2018 in appeals, costs, law firms, news, Supreme Court by tracey

‘The Supreme Court has refused permission for a third appeal by a Leeds law firm against a ruling that it submitted ‘dishonest’ costs claims.’

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Litigation Futures, 19th September 2018

Source: www.litigationfutures.com

Civil Procedure Discontinuance, QOCA and Fundamental Dishonesty – Zenith PI Blog

Posted September 19th, 2018 in civil procedure rules, costs, fraud, insurance, news by sally

‘The claimant discontinued a claim. The defendants alleged that the claim was dishonest and asked the court to determine the issue of fundamental dishonesty so the defendants could enforce their entitlement to costs.’

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Zenith PI Blog, 18th September 2018

Source: zenithpi.wordpress.com

Divorcing man told: You can’t pay your lawyers without paying your wife’s – Legal Futures

Posted September 18th, 2018 in costs, divorce, financial provision, law firms, news by sally

‘The husband in a divorce dispute cannot pay his lawyers a pound without paying a pound to his wife’s solicitors, the High Court has ruled.’

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Legal Futures, 18th September 2018

Source: www.legalfutures.co.uk

QOCS applied to whole case after defendant’s unsuccessful PI counterclaim – Litigation Futures

Posted September 18th, 2018 in civil procedure rules, costs, news, personal injuries by sally

‘An unsuccessful defendant in a road traffic claim for financial losses who made an unsuccessful counterclaim for personal injury (PI) was entitled to the protection of qualified one-way costs shifting (QOCS) for the whole case, a circuit judge has ruled.’

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Litigation Futures, 18th September 2018

Source: www.litigationfutures.com

Discontinuance, costs, and multiple Defendants: BAE Systems Pension Funds Trustees Ltd v Bowmer & Kirkland Ltd [2018] EWHC 1222 (TCC) – Zenith PI

Posted September 12th, 2018 in construction industry, contracts, costs, news, warehousing by tracey

‘This case is a reminder, if any were needed, of the difficulties facing Claimants in deciding whether or not to pursue multiple Defendants.’

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Zenith PI, 10th September 2018

Source: zenithpi.wordpress.com

Money can’t buy me love: Court of Appeal overturns non-party costs order – Litigation Futures

Posted September 10th, 2018 in company directors, copyright, costs, insolvency, news by tracey

‘A High Court judge was wrong to order a non-party costs order (NPCO) where the respondent had not been warned that the applicant was going to seek one, the Court of Appeal has ruled.’

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Litigation Futures, 10th September 2018

Source: www.litigationfutures.com

Firm ordered to deliver new costs bill to Tower Hamlets campaigner – Law Society’s Gazette

Posted September 7th, 2018 in corruption, costs, elections, fees, news, solicitors by tracey

‘A London law firm has been ordered to present a new costs bill to a campaigner who led a legal battle to remove former Tower Hamlets mayor Lutfur Rahman in the latest action brought by an online fees-challenge service.’

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Law Society's Gazette, 6th September 2018

Source: www.lawgazette.co.uk

Case Comment: Mitsui & Co Ltd & Ors v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG & Anor [2017] UKSC 68 – UKSC Blog

Posted September 6th, 2018 in costs, expenses, news, piracy, shipping law, Supreme Court by tracey

‘The Supreme Court heard the case of Mitsui & Co Ltd & Ors v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG & Anor [2017] UKSC 68 in which it considered whether the expenses occurred by a vessel during a negotiating period with pirates are allowable under Rule F, which covers additional expenses, of the York-Antwerp Rules 1974. This is the first time the English Courts have considered the meaning and application of Rule F.’

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UKSC Blog, 3rd September 2018

Source: ukscblog.com

Firm to pay indemnity costs after “premature” GLO application – Litigation Futures

Posted September 5th, 2018 in class actions, consumer protection, costs, law firms, news by sally

‘A law firm which “prematurely” issued a group litigation order (GLO) application to bring VW emissions claims ahead of other firms has been hit with an indemnity costs order by the High Court.’

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Litigation Futures, 5th September 2018

Source: www.litigationfutures.com

Spurned woman sends ex-lover video of her killing his fish with bleach after accusing him of affair, court hears

Posted September 5th, 2018 in animal cruelty, costs, news by sally

‘A spurned woman sent her ex-lover a video of her killing his fish with bleach after accusing him of having an affair, a court has heard. ‘

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Daily Telegraph, 4th September 2018

Source: www.telegraph.co.uk