Court orders breakdown of medical expert fees – Law Society’s Gazette

Posted May 26th, 2023 in civil procedure rules, costs, expert witnesses, fees, hospitals, news by tracey

‘Medical reporting organisations could face more scrutiny over their costs after a court ordered a full breakdown of expert fees.’

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Law Society's Gazette, 25th May 2023

Source: www.lawgazette.co.uk

Chris Packham awarded £90,000 damages in libel case – The Guardian

Posted May 26th, 2023 in charities, costs, damages, defamation, fraud, media, news by tracey

‘Chris Packham said he has been vindicated after a judge found that he had been subjected to an online ideological campaign, accusing him of fraud and dishonesty, before awarding him £90,000 in libel damages.’

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The Guardian, 25th May 2023

Source: www.theguardian.com

Carole Cadwalladr to appeal against ruling that she pay Arron Banks’s legal costs – The Guardian

Posted May 24th, 2023 in appeals, brexit, costs, media, news, public interest by sally

‘The award-winning Guardian and Observer journalist Carole Cadwalladr will appeal against a ruling that ordered her to pay significant legal costs to the prominent Brexit backer Arron Banks.’

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The Guardian, 23rd May 2023

Source: www.theguardian.com

New APIL head: Fixed costs will trigger decade of litigation – Legal Futures

Posted May 12th, 2023 in appeals, costs, negligence, news, personal injuries by tracey

‘The extension of fixed recoverable costs (FRCs) later this year will lead to “poor behaviours” by some parties and a decade of litigation to clarify how they work, the new president of the Association of Personal Injury Lawyers (APIL) has predicted.’

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Legal Futures, 12th May 2023

Source: www.legalfutures.co.uk

Civil Justice Council Costs Review – Final Report – Courts and Tribunals Judiciary

Posted May 12th, 2023 in civil justice, costs, news by tracey

‘Civil Justice Council Costs Review – Final Report’

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Courts and Tribunals Judiciary, 10th May 2023

Source: www.judiciary.uk

Multi-defendant cases: the more the merrier? – Law Pod UK

Posted April 25th, 2023 in apportionment, costs, hospitals, negligence, news, podcasts by sally

‘Lucy McCann speaks to Cara Guthrie and Matthew Flinn of 1 Crown Office Row, about multi-defendant litigation in the field of clinical negligence.’

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Law Pod UK, 24th April 2023

Source: audioboom.com

Firm ordered to pay wasted costs for “inexplicable” error – Legal Futures

Posted April 21st, 2023 in abuse of process, costs, hospitals, law firms, negligence, news, probate, wills by tracey

‘A law firm which started proceedings when its client did not have standing to bring them has been ordered to pay wasted costs because it failed to check this.’

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Legal Futures, 21st April 2023

Source: www.legalfutures.co.uk

Top judge asks: Why don’t litigators know how much a case will cost? – Legal Futures

Posted April 18th, 2023 in budgets, costs, judges, news by sally

‘Litigators should know how much any case is going to cost before they even begin the process of budgeting, Sir Colin Birss, the deputy head of civil justice, has argued.’

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Legal Futures, 18th April 2023

Source: www.legalfutures.co.uk

QOCS changes in April 2023: the practical and tactical implications for claimants and their solicitors – Gatehouse Chambers

‘In what is becoming something of a pattern, the Rules committee have come along to clear up the anomaly resulting from the decisions in the Appellate courts, this time in Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654; [2018] 1 WLR 6137 and Ho v Adelekun [2021] UKSC 43; [2021] 1 WLR 5132.’

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Gatehouse Chambers, 16th March 2023

Source: gatehouselaw.co.uk

Fraud and indemnity costs – no presumption; and polemicists beware! – Littleton Chambers

Posted April 14th, 2023 in chambers articles, costs, fraud, indemnities, news by sally

‘In Pisante v Logothetis [2022] EWHC 2575 (Comm), Baker J had to consider whether to make an order for indemnity costs following a successful US$6.5m fraud action.’

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Littleton Chambers, 7th March 2023

Source: littletonchambers.com

TRX v Southampton Football Club [2022] EWHC 3992 (KB): Retainers, lawful CFAs and Rule 47.20 – Costs Litigation Blog

Posted April 12th, 2023 in appeals, chambers articles, costs, news, sexual offences, solicitors, sport by sally

‘This blog by Dan Tobin examines the Court of Appeal decision in TRX v Southampton Football Club [2022] EWHC 3392 (KB).’

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Costs Litigation Blog, 10th March 2023

Source: costsandlitigationfunding.com

Excalibur & Keswick Groundworks Ltd v McDonald – 3PB

Posted April 11th, 2023 in chambers articles, civil procedure rules, costs, news, personal injuries by sally

‘In Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18, the Court of Appeal has confirmed the difficulty of removing QOCS protection from a claimant who discontinues at the last moment. This follows previous decisions in the same spirit, such as Mabb v English [2017] EWHC 3616 (QB).’

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3PB, March 2023

Source: www.3pb.co.uk

QOCS and obstructing “the just disposal of proceedings” under CPR 44.15(c) in Excalibur and Keswick Groundworks v McDonald [2023] EWCA Civ 18 – 39 Essex Chambers

Posted April 11th, 2023 in chambers articles, civil procedure rules, costs, news, personal injuries by sally

‘It is a frustrating scenario which will be familiar to many defendant personal injury practitioners. A claimant moments before a trial begins, decides to file a notice to discontinue. The defendant, who has spent years building the defence at significant cost and expense, is unable to recover its legal costs because the claimant is protected under the Qualified One Way Costs Shifting (“QOCS”) regime. Is a defendant able to set aside this notice of discontinuance on the basis that the Claimant’s last-minute conduct has “obstructed the just disposal of proceedings” and thereby remove QOCS protection under CPR 44.15(c)? This issue came before the Court of Appeal in the recent case of Excalibur and Keswick Groundworks Limited v Keswick [2023] EWCA Civ 18.’

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39 Essex Chambers, 29th March 2023

Source: www.39essex.com

A Real Shift – Substantial Changes to CPR 44.14 – 3PB

‘Currently set off of a defendant’s costs against a claimant’s costs is precluded where it exceeds the monetary cap reflecting the total of any orders for damages and interest made in a claimant’s favour (Ho v Adelekun [2021] UKSC 43). Moreover, a defendant can only enforce their costs against damages and interest ordered in a claimant’s favour, i.e. not against a settlement made in the claimant’s favour (Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654).’

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3PB, March 2023

Source: www.3pb.co.uk

Party Walls – no notice, no Act! – Tanfield Chambers

Posted March 31st, 2023 in appeals, chambers articles, compensation, costs, housing, news, party walls, surveyors by sally

‘Katie Gray discusses the Court of Appeal decision in Power & Kyson v Shah [2023] EWCA Civ 239 and the impact it has on the Party Wall Act 1996.’

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Tanfield Chambers, 24th March 2023

Source: www.tanfieldchambers.co.uk

UK to clamp down on sanctions loopholes used by Wagner group head – The Guardian

Posted March 31st, 2023 in costs, defamation, media, news, Russia, sanctions, Ukraine, war by sally

‘UK ministers have tightened up sanctions rules to avoid a repeat of a recent controversy in which lawyers acting for the head of the Wagner group obtained an exemption from curbs to sue a British journalist.’

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The Guardian, 30th March 2023

Source: www.theguardian.com

UK to abolish law requiring press to pay legal costs when sued – The Guardian

Posted March 29th, 2023 in bills, costs, government departments, inquiries, media, news by sally

‘Ministers will push ahead with plans to abolish a key piece of press regulation law, unpicking one of the main recommendations of the Leveson inquiry into the culture of the British newspaper industry.’

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The Guardian, 28th March 2023

Source: www.theguardian.com

Council fails in appeal over costs award made after landowner succeeded with compulsory purchase objection – Local Government Lawyer

Posted March 23rd, 2023 in appeals, compulsory purchase, costs, local government, news, planning by tracey

‘Harlow District Council has lost on all grounds in an attempt at the High Court to overturn a costs award made against it in a dispute over compulsory purchase.’

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Local Government Lawyer, 23rd March 2023

Source: www.localgovernmentlawyer.co.uk

Judge excoriates “shameless” family case with costs of £5.5m – Legal Futures

‘A family court judge has described a case where the two parties racked up costs of £5.5m as “one of the most shameless pieces of litigation” he has ever seen.’

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Legal Futures, 20th March 2023

Source: www.legalfutures.co.uk

Split liability offer did not meet Part 36 requirements – Law Society’s Gazette

Posted March 17th, 2023 in civil procedure rules, costs, damages, holidays, news, part 36 offers by tracey

‘A claimant’s 90/10 liability offer went against both the letter and spirit of civil procedure rules on Part 36, a High Court judge has ruled.’

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Law Society's Gazette, 16th March 2023

Source: www.lawgazette.co.uk