‘The family of the headteacher Ruth Perry, whose death after a critical Ofsted inspection will be the subject of a high-profile inquest this week, have been refused legal aid to fund their representation just days before the hearing is due to start.’
The Guardian, 26th November 2023
Source: www.theguardian.com
‘A judge has overruled the Solicitors Disciplinary Tribunal’s decision to slash the Solicitors Regulation Authority’s costs claim in a strike-off case. The regulator had sought £22,800 in the case last January but the tribunal awarded only £5,000.’
Law Society's Gazette, 27th November 2023
Source: www.lawgazette.co.uk
‘A litigation friend who was said to be suffering from depression has been ordered to pay more than £42,000 in costs after a judge found his performance “wholly inadequate.”’
Law Society's Gazette, 23rd November 2023
Source: www.lawgazette.co.uk
‘This judgment deals with an appeal brought by a doctor against her erasure from the GMC register. The judgment discusses the significance of the doctor’s mental health difficulties in the context of findings of dishonesty, the law on time limits, and it provides a helpful demonstration of how CPR 52.19 (applications to limit recoverable costs) may be applied in statutory appeals of this nature.’
3PB, 26th October 2023
Source: www.3pb.co.uk
‘The changes extending fixed recoverable costs (FRC) to most civil litigation claims with a value of up to £100,000 are now here and were implemented on 1 October 2023. With this comes the new ‘intermediate track’ which lay between Fast Track and Multi Track cases valued at £100,000 and over. This article is not intended to tell you about the four complexity bands within the intermediate track or the grids of costs within PD45, or about the new standard directions for this track, but to say a few words about how the costs arising from vulnerability are to be dealt with.’
Gatehouse Chambers, 20th October 2023
Source: gatehouselaw.co.uk
‘A “rude and disruptive” caseworker who “embroiled” a national law firm in a “vast, unmeritorious” discrimination claim must pay £20,000 in costs, an employment tribunal has ruled.’
Legal Futures, 22nd November 2023
Source: www.legalfutures.co.uk
‘A national firm has been awarded £20,000 in costs after an employment tribunal found the claimant was vexatious and conducted proceedings unreasonably “almost from their inception.” ’
Law Society's Gazette, 20th November 2023
Source: www.lawgazette.co.uk
‘A Commercial Court judge has blamed a claimant “in large part” for the “wholly unacceptable” last-minute adjournment of their case after he had begun pre-reading for it.’
Legal Futures, 17th November 2023
Source: www.legalfutures.co.uk
‘Dispute Resolution analysis: An appeal court has confirmed that a ‘person unknown’ who refused to identify himself during proceedings for breach of copyright was debarred from challenging a bill of costs in detailed assessment proceedings unless he identified himself.’
Gatehouse Chambers, 4th October 2023
Source: gatehouselaw.co.uk
‘The lack of detail in the government plans for fixed recoverable costs (FRCs) for lower-value clinical negligence cases is “extremely worrying”, with only six months to go before implementation, the Association of Personal Injury Lawyers (APIL) has said.’
Legal Futures, 14th November 2023
Source: www.legalfutures.co.uk
‘A Solicitors Disciplinary Tribunal costs order of £5,000 was appealed today in the first such challenge by the Solicitors Regulation Authority. Describing the order as ‘astonishing’, the SRA said the correct figure should have been £18,500.’
Law Society's Gazette, 9th November 2023
Source: www.lawgazette.co.uk
‘A frequent refrain of solicitors who represent respondents in Employment Tribunal proceedings is that it is virtually impossible to obtain a costs order against a claimant who has brought an unmeritorious claim, or that there are no consequences when outlandish allegations are made in pursuit of a claim. The case of Cairns v The Wellness Zone Case No: 2414495/2021 provides a salutary reminder to parties engaged in Employment Tribunal proceedings that, in an appropriate case, the Tribunal will exercise its costs jurisdiction, and not merely in a token way. The case also serves as a cautionary tale for claimants making serious allegations in pursuit of their claims.’
Littleton Chambers, 24th October 2023
Source: littletonchambers.com
‘There are very few people in this world who get excited when they hear the phrase ‘legal costs’. There are even fewer people who might be prepared to wade through an article on the same subject. However, something very significant is happening which will have a huge bearing on anyone who is involved, or might be involved, in any kind of civil litigation. The article below discusses the changes which are being made to fixed costs in civil litigation and I promise it is worth a read.’
Exchange Chambers, 13th October 2023
Source: www.exchangechambers.co.uk
‘The Civil Procedure (Amendment No. 2) Rules 2023 were enacted on 1st October 2023, together with the 156th Update Practice Direction Amendments and Explanatory Note. This article provides an overview of the new Civil Procedure Rules (CPR) that apply to noise induced hearing loss (NIHL) claims.’
Farrar's Building, 20th October 2023
Source: www.farrarsbuilding.co.uk
‘Lumb v Lumb [2023] EWHC 2052 (Ch) was an appeal on costs which sheds interesting light on how general rules of the CPR fit together with special provisions governing probate disputes. On a related note, it offers a case study of how the modern ethos of deterring dubious litigation can interact with legal principles of an earlier vintage. There were various other points of interest in the case, but I focus here on this theme.’
Wilberforce Chambers, 30th October 2023
Source: www.wilberforce.co.uk
‘A costs judge has refused a former client’s plea for a recording of the call where they signed up to instruct a law firm. In Turner v Coupland Cavendish, Costs Judge Rowley said the call recording remained the solicitors’ property rather than the client’s and did not need to be disclosed.’
Law Society's Gazette, 6th November 2023
Source: www.lawgazette.co.uk
‘Artificial intelligence (AI) will have multiple uses for litigators, including helping with costs budgeting and validating advice to clients, a leading partner at Eversheds Sutherland has predicted.’
Legal Futures, 3rd November 2023
Source: www.legalfutures.co.uk
‘The deputy head of civil justice has issued a robust defence of the new regime of fixed recoverable costs (FRCs) for cases worth up to £100,000 – while acknowledging it is not as simple as he would like.’
Legal Futures, 30th October 2023
Source: www.legalfutures.co.uk
‘Al aw firm acting in a professional negligence claim against another firm gave “unrealistic” estimates and the incurred costs were “likely to be unreasonable”, a judge has found.’
Law Society's Gazette, 23rd October 2023
Source: www.lawgazette.co.uk
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