Justice minister uncompromising on whiplash reforms and says more fixed costs are on the way – Legal Futures

Posted April 18th, 2018 in costs, news, personal injuries, road traffic by sally

‘Justice minister Lord Keen today set the stage for next week’s House of Lords debate on the Civil Liability Bill with an uncompromising message that there are “too many unmeritorious whiplash claims made each year which proceed without challenge or investigation”.’

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Legal Futures, 17th April 2018

Source: www.legalfutures.co.uk

‘Overstated’ PI claim was not fundamental dishonesty, appeal rules – Law Society’s Gazette

Posted April 17th, 2018 in appeals, compensation, costs, news, personal injuries by tracey

‘The High Court has refused to overturn a personal injury ruling despite defendant lawyers arguing that the judge should have found the claim to be “fundamentally dishonest”.’

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Law Society's Gazette, 17th April 2018

Source: www.lawgazette.co.uk

Companies House lambasted for trumpeting conviction of fraud whistleblower Kevin Brewer – The Independent

Posted April 17th, 2018 in costs, fines, fraud, money laundering, news, whistleblowers by tracey

‘Companies House has been lambasted for trumpeting the prosecution of a whistleblower who used Vince Cable’s name to expose a gaping loophole exploited by fraudsters.’

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The Independent, 16th April 2018

Source: www.independent.co.uk

Housing association fined £30k over Hand Arm Vibration Syndrome failings – Local Government Lawyer

Posted April 5th, 2018 in costs, fines, health & safety, industrial injuries, local government, news by sally

‘A community housing association in Wales has been fined £30,000 after it failed to effectively manage its employees’ exposure to Hand Arm Vibration Syndrome (HAVS) over a prolonged period of time.’

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Local Government Lawyer, April 2018

Source: www.localgovernmentlawyer.co.uk

Air pollution: UK government’s failed legal battles cost taxpayers £500,000 – The Guardian

Posted April 5th, 2018 in costs, environmental protection, news, pollution by sally

‘The UK government has spent more than half a million pounds on failed legal battles against clean air campaigners, according to newly released documents that underline the cost of weak action on pollution.’

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The Guardian, 5th April 2018

Source: www.theguardian.com

Costs challenge: judge blocks historic files disclosure – Law Society’s Gazette

Posted March 29th, 2018 in costs, disclosure, documents, law firms, news, pre-action conduct by tracey

‘A judge has refused to hand over historic case documents to a former client claiming to be overcharged by a law firm in the latest blow to costs recovery claims.’

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Law Society's Gazette, 28th March 2018

Source: www.lawgazette.co.uk

Bath Abbey pews: costs – Law & Religion UK

Posted March 28th, 2018 in appeals, Church of England, costs, ecclesiastical law, listed buildings, news by tracey

‘In refusing the Victorian Society permission to appeal on the removal of pews from Bath Abbey on 1 March 2018, ([2018] EACC 1), the Dean of Arches directed that the Victorian Society (VS) should bear the petitioners’ reasonable costs of submitting the Response and the court costs of considering and determining the application. On 8 March 2018, the VS submitted a Representation on Costs (“the Representation”), dated 5 March 2018. “In purported reliance on Re St Mary, Sherborne [1996] Fam 63, the Victorian Society contends that the court costs on appeal should be paid by the petitioners irrespective of whether they have been successful or not on the appeal (at 70C)” .’

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Law & Religion UK, 27th March 2018

Source: www.lawandreligionuk.com

Boxing promoter Warren loses twin challenges to CFAs – Litigation Futures

Posted March 28th, 2018 in contracts, costs, defamation, fees, news, solicitors by tracey

‘Boxing promoter Frank Warren has failed in his effort to avoid paying his solicitors under conditional fee agreements (CFAs) where he did not receive any damages or costs despite winning his case.’

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Litigation Futures, 28th March 2018

Source: www.litigationfutures.com

The costs of dangerous cladding – leaseholders position – Nearly Legal

Posted March 27th, 2018 in costs, health & safety, housing, landlord & tenant, news, repairs, service charges by tracey

‘First Tier Tribunal LON/00AH/LSC/2017/0435 – Firstport Property Services Ltd v various leaseholders of Citiscape. We previously saw the Salford decision on the costs of a ‘waking watch’ in a tower with ‘Grenfell’ style cladding, but this was the first, keenly awaited, decision on the liability of leaseholders of an affected building (here in Croydon) to pay for the costs of removal and replacement of such cladding under their leases.’

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Nerarly Legal, 26th March 2018

Source: nearlylegal.co.uk

Withdrawn But Not Forgotten? – Effect Of A Withdrawn Part 36 Offer – Zenith Chambers

Posted March 20th, 2018 in appeals, costs, news, part 36 offers by sally

‘In Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) Mr Justice Foskett had to consider the issue of what costs consequences, if any, should follow from the claimant’s failure to beat a Part 36 offer which had been withdrawn, the defendant having gone on to make a second, lower, offer.’

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Zenith Chambers, 1st March 2018

Source: www.zenithchambers.co.uk

Judge disapplies QOCS for part of solicitor’s failed claim over quality of Oxford teaching – Litigation Futures

Posted March 20th, 2018 in costs, news, personal injuries, solicitors, universities by sally

‘A High Court judge has disapplied qualified one-way costs shifting (QOCS) for part of a failed claim by a solicitor that Oxford University was to blame for a worse-than-expected degree that he said has affected his career to date.’

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Litigation Futures, 20th March 2018

Source: www.litigationfutures.com

Master of the Rolls: More than four in ten of applications to Court of Appeal come from litigants in person – Legal Futures

Posted March 20th, 2018 in appeals, civil justice, costs, courts, internet, litigants in person, news, speeches by sally

‘The proportion of applications to the Court of Appeal for permission to appeal by litigants in person (LiPs) has gone up by 50% in the last 10 years, the Master of the Rolls has said.’

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Legal Futures, 20th March 2018

Source: www.legalfutures.co.uk

UKIP ordered to pay Labour MPs £175,000 in damages – BBC News

Posted March 20th, 2018 in costs, damages, defamation, news, political parties by sally

‘UKIP has been ordered to pay £175,000 in legal costs over a defamation case brought by three South Yorkshire Labour MPs.’

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BBC News, 19th March 2018

Source: www.bbc.co.uk

Solicitor struck off after ‘heinous’ attempt to cover up litigation error – Litigation Futures

‘A solicitor whose corporate client had a summary judgment entered against them because he failed to attend a court hearing, has been struck off after making a false statement denying he knew about it in advance.’

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Litigation Futures, 19th March 2018

Source: www.litigationfutures.com

Trainees billing £282 an hour – US firm will not recover “eye-watering” costs in full – Litigation Futures

Posted March 12th, 2018 in costs, law firms, news, solicitors, trainee solicitors by sally

‘There is no chance of a leading US firm recovering anything like fees that range from £946 an hour for a partner to £282 for a trainee, when competent representation for half that amount is available, a Court of Appeal judge has ruled.’

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Litigation Futures, 9th March 2018

Source: www.litigationfutures.com

Speech by Lord Justice Jackson: Was it all worth it? – Courts and Tribunals Judiciary

Posted March 8th, 2018 in case management, costs, judges, speeches by tracey

‘Professor Andrews has asked me to give a lecture on civil justice reform today – just 48 hours before I retire. This is, therefore, an appropriate moment to stand back and review my work in this area over the last decade.’

Full speech

Courts and Tribunals Judiciary, 5th March 2018

Source: www.judiciary.gov.uk

Couple who faked holiday sickness ‘rumbled’ on Facebook – The Guardian

Posted March 6th, 2018 in community service, costs, fraud, holidays, news, suspended sentences by sally

‘A man and a woman who fraudulently claimed they fell ill while on holiday in Turkey, but were “rumbled” by images they posted on social media, have been given suspended jail sentences.’

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The Guardian, 5th March 2018

Source: www.theguardian.com

Jackson’s farewell: My reforms were worth the abuse but costs are still too high – Litigation Futures

Posted March 6th, 2018 in costs, judges, news, reports, retirement by sally

‘Many of the causes of excessive costs have been eliminated but litigation is still too expensive, Sir Rupert Jackson has claimed on the eve of his retirement from the Court of Appeal.’

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Litigation Futures, 6th March 2018

Source: www.litigationfutures.com

Information Commissioner upholds MoJ refusal to disclose Leigh Day emails – Legal Futures

Posted March 6th, 2018 in costs, data protection, disclosure, documents, electronic mail, law firms, news by sally

‘Disclosing documents relating to disciplinary proceedings against Leigh Day for its handling of Iraq war claims would involve a manual search of 5,000 documents and cost over £10,000, the Ministry of Justice (MoJ) has argued.’

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Legal Futures, 6th March 2018

Source: www.legalfutures.co.uk

Withdrawn But Not Forgotten? – Effect Of A Withdrawn Part 36 Offer – Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) – Zenith PI

Posted March 5th, 2018 in appeals, costs, health, news, part 36 offers, personal injuries, rescission by tracey

‘In Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) Mr Justice Foskett had to consider the issue of what costs consequences, if any, should follow from the claimant’s failure to beat a Part 36 offer which had been withdrawn, the defendant having gone on to make a second, lower, offer.’

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Zenith PI, 1st March 2018

Source: zenithpi.wordpress.com