Challenge to delegation of costs lawyer’s work fails – Litigation Futures

Posted May 13th, 2019 in costs, drafting, legal profession, legal services, news, solicitors by sally

‘A challenge to a costs lawyer’s delegation of work to unqualified colleagues has failed, with a judge saying that to rule otherwise would make their work for members of the public “impossible”.’

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Litigation Futures, 13th May 2019

Source: www.litigationfutures.com

Court can order costs in foreign currency on summary assessment – Litigation Futures

Posted May 10th, 2019 in costs, fees, indemnities, jurisdiction, news by sally

‘The court has jurisdiction to make an order for costs in a foreign currency on summary assessment, a deputy High Court judge has ruled in what he said appeared to be the first case on the point.’

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Litigation Futures, 9th May 2019

Source: www.litigationfutures.com

Court throws out convicted client’s negligence claim against solicitors – Law Society’s Gazette

‘A convicted client has failed in a bid to make his former solicitors stump up the bill for his £450,000 fine imposed in the Crown court. In Day v Womble Bond Dickinson (UK) LLP Her Honour Judge Deborah Taylor, sitting in the High Court, struck out the negligence claim by landowner Philip Day.’

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Law Society's Gazette, 7th May 2019

Source: www.lawgazette.co.uk

Appellant ordered to pay £5k costs after acting unreasonably in SEN appeal – Local Government Lawyer

‘A mother has been ordered to pay Hertfordshire County Council costs of £5,245 after being held to have acted unreasonably over an appeal on her daughter’s schooling, a judgment published this week on Bailii has revealed.’

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Local Government Lawyer, 1st May 2019

Source: www.localgovernmentlawyer.co.uk

Judge disapplies QOCS after claimants’ failure to pay court fee – Litigation Futures

‘A failure to pay a trial fee can result in qualified one-way costs shifting (QOCS) being disapplied on strike-out, a judge has ruled.’

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Litigation Futures, 29th April 2019

Source: www.litigationfutures.com

Fixed fees can apply to claim which settled for £42k, court rules – Law Society’s Gazette

‘The courts have made clear they will be prepared to apply fixed costs to cases which have long since breached the £25,000 limit. Two judgments that have emerged over the past week show examples of judges considering fixed recoverable costs where the personal injury claims had exited the pre-action protocol.’

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Law Society's Gazette, 24th April 2019

Source: www.lawgazette.co.uk

Test to escape fixed costs in ex-portal cases is “high bar” – Litigation Futures

Posted April 23rd, 2019 in accidents, costs, news, personal injuries, road traffic by sally

‘The ‘exceptional circumstances’ test by which claimants whose cases exit the RTA portal can claim more than fixed recoverable costs is a high, rather than a low, bar, the High Court has held.’

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Litigation Futures, 23rd April 2019

Source: www.litigationfutures.com

Lawyers who had “direct interest” in case face costs hearing – Litigation Futures

‘A ruling about “without prejudice” correspondence has brought to light a claim against a group of lawyers who now face having to pay the costs of a case they facilitated.’

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Litigation Futures, 15th April 2019

Source: www.litigationfutures.com

Late payer granted costs relief as judge calls for ‘sense of perspective’ – Law Society’s Gazette

Posted April 11th, 2019 in appeals, costs, news, sanctions, time limits by sally

‘A Court of Appeal judge has granted relief from sanctions for a litigant who was 17 hours late satisfying a court order.’

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Law Society's Gazette, 9th April 2019

Source: www.lawgazette.co.uk

CFA success fees abolished in privacy & defamation cases – Panopticon

Posted April 9th, 2019 in costs, defamation, fees, insurance, news, privacy by sally

‘So after many of months of GDPR-related anguish, finally some good news for data controllers: with effect from last Saturday (6th April), conditional fee agreement (CFA) success fees will no longer be recoverable from defendants in privacy or defamation proceedings, at least where the relevant CFA was entered into after 5 April.’

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Panopticon, 8th April 2019

Source: panopticonblog.com

High Court dispenses with electronic bill – Litigation Futures

Posted April 3rd, 2019 in budgets, costs, damages, electronic filing, negligence, news, part 36 offers by sally

‘A High Court judge has relieved a claimant who won a trial in January from having to produce an electronic bill for the work undertaken since 6 April 2018.’

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Litigation Futures, 2nd April 2019

Source: www.litigationfutures.com

Fixed costs impact: “Less income per claim but more cases” – Litigation Futures

Posted April 3rd, 2019 in costs, fees, news, solicitors by sally

‘An extended fixed recoverable costs (FRC) regime may lead to reduced income per case for solicitors but this will be balanced by quicker settlements and the chance to take on more cases, the Ministry of Justice has said.’

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Litigation Futures, 1st April 2019

Source: www.litigationfutures.com

Government to implement Jackson’s fixed costs blueprint – Litigation Futures

Posted April 1st, 2019 in costs, news by sally

‘The Ministry of Justice (MoJ) today laid out its intention to implement Sir Rupert Jackson’s blueprint for fixed recoverable costs (FRC) across the fast-track and in most money cases worth up to £100,000.’

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Litigation Futures, 28th March 2019

Source: www.litigationfutures.com

Solicitors lose right to fees after ending retainer “peremptorily” – Litigation Futures

Posted March 27th, 2019 in costs, deceit, fees, news, solicitors by sally

‘Solicitors who terminated their retainer “peremptorily” without investigating the circumstances of evidence that might have thrown the case into doubt have lost their claim to £8,000 in fees.’

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Litigation Futures, 26th March 2019

Source: www.litigationfutures.com

Claimant solicitors secure £150k interim costs for unfinished dispute – Law Society’s Gazette

Posted March 22nd, 2019 in civil procedure rules, costs, delay, negligence, news, personal injuries, solicitors by tracey

‘The county court has granted solicitors an interim costs order in a long-running case where the level of damages was still three years from being finalised.’

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Law Society's Gazette, 21st March 2019

Source: www.lawgazette.co.uk

Fundamental dishonesty “should lead to strike-out of whole claim” – Litigation Futures

‘A finding of fundamental dishonesty in a personal injury claim should mean an associated credit hire claim is also struck out, a circuit judge has ruled.’

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Litigation Futures, 19th March 2019

Source: www.litigationfutures.com

Judge: solicitors need “adequate cash flow” to fund med neg cases – Litigation Futures

Posted March 20th, 2019 in civil procedure rules, costs, delay, negligence, news, personal injuries, solicitors by sally

‘Solicitors may refuse to take on medical negligence cases at an early stage if courts fail to ensure “adequate cash flow”, a circuit judge has warned.’

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Litigation Futures, 19th March 2019

Source: www.litigationfutures.com

Lawyers wrong to fear capped costs, says High Court judge – Litigation Futures

Posted March 20th, 2019 in civil justice, costs, costs capping orders, law firms, news by sally

‘Lawyers are wrong to fear capped costs, which could make a “big difference” to the ability of medium-sized companies to litigate, a High Court judge said yesterday.’

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Litigation Futures, 20th March 2019

Source: www.litigationfutures.com

Solicitor “told client” to pay fees into personal bank account – Legal Futures

‘A solicitor who told a client to pay his firm’s fees into his personal bank account has been struck off by the Solicitors Disciplinary Tribunal.’

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Legal Futures, 15th March 2019

Source: www.legalfutures.co.uk

A warning before bringing an appeal to the CAT? Costs after the BCMR decision – Blackstone Chambers

Posted March 15th, 2019 in appeals, competition, costs, news, telecommunications, tribunals by sally

‘The Court of Appeal’s judgment in the recent BCMR costs case is a stark warning to all those considering challenging a regulatory decision in the Competition Appeal Tribunal: even if you win, you may still face a big costs bill. See British Telecommunications plc v Office of Communications [2018] EWCA Civ 2542.’

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Blackstone Chambers, 5th March 2019

Source: www.blackstonechambers.com