“Not unreasonable” for solicitors to switch from DBA to CFA shortly before trial – Litigation Futures

Posted January 19th, 2018 in costs, damages, fees, news, solicitors by tracey

‘Claimants did not act unreasonably in switching funding from a damages-based agreement (DBA) to a conditional fee agreement (CFA) shortly before trial, even though the defendants are now facing a much larger bill, a costs judge has ruled.’

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Litigation Futures, 18th January 2018

Source: www.litigationfutures.com

How we can cut the cost of divorce – Family Law Week

Posted January 16th, 2018 in arbitration, costs, divorce, news by tracey

‘Hazel Wright, Partner and Accredited Mediator with Hunters Solicitors considers the cost benefits of a “no fault” divorce regime.#

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Family Law Week, 12th January 2018

Source: www.familylawweek.co.uk

Serial mountain rescue faker who took a selfie while being winched to safety is jailed for 16 months – Daily Telegraph

Posted January 15th, 2018 in costs, emergency services, news, nuisance, sentencing by sally

‘As a means of attracting attention, staging accidents on various mountain ranges is not overly common. But that is likely to be of little consolation to the crews who have raced to the aid of Michael Cuminskey, a serial mountain rescue faker with a penchant for taking a selfie as he is winched to safety.’

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Daily Telegraph, 15th January 2018

Source: www.telegraph.co.uk

Cost of divorce up 17% in three years amid soaring legal fees and housing costs – The Independent

Posted January 11th, 2018 in costs, divorce, fees, housing, news, reports by tracey

‘Separating couples now typically spend £14,561 on lawyers and lifestyle costs, plus an additional £35,000 to rent or £144,600 to buy new property.’

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The Independent, 11th January 2018

Source: www.independent.co.uk

Westmark (Lettings) Limited v Peddle & Ors [2017] UKUT 449 (LC) – Tanfield Chambers

Posted January 9th, 2018 in appeals, costs, landlord & tenant, news, service charges, tribunals by sally

‘For the purposes of Section 20B(1) of the Landlord and Tenant Act 1985 (“the 1985 Act”) a relevant cost is incurred by an intermediate landlord when that intermediate landlord receives a demand from its own landlord in respect of services provided by it or a superior landlord. A residential tenant’s 18-month limitation period begins to run only when his or her immediate landlord receives a demand incurring the cost, not when the superior landlord providing the service originally incurs its own cost.’

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Tanfield Chambers, 8th January 2018

Source: www.tanfieldchambers.co.uk

Appeal judges reject Saudi prince’s bid to halt claim due to unpaid costs order – Litigation Futures

Posted January 9th, 2018 in appeals, costs, news, royal family, striking out by sally

‘The Court of Appeal has rejected an application by a son of the late King Fahd of Saudi Arabia that one of his father’s former wives pay an outstanding £250,000 costs order or have her £15m claim stayed or struck out.’

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Litigation Futures, 9th January 2018

Source: www.litigationfutures.com

SDT orders solicitor who failed to overturn £2,000 fine to pay £54,000 in costs – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has ordered a solicitor who tried to overturn a fine of £2,000 from the Solicitors Regulation Authority (SRA) to pay £54,000 in costs following her unsuccessful appeal.’

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Legal Futuresm 9th January 2018

Source: www.legalfutures.co.uk

It’s a hard life for under pressure costs judges after proportionality ruling bites the dust – Litigation Futures

Posted January 8th, 2018 in civil procedure rules, costs, news, nuisance, proportionality by sally

‘A circuit judge has more than doubled the amount that Queen guitarist Brian May can recover after he settled a private nuisance dispute, ruling that the costs judge at first instance had misapplied the new proportionality test.’

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Litigation Futures, 8th January 2018

Source: www.litigationfutures.com

Costs judges reject claims for files by claimants wanting to challenge solicitors’ deductions – Litigation Futures

Posted January 8th, 2018 in civil procedure rules, compensation, costs, disclosure, documents, news by sally

‘The Senior Courts Costs Office has refused separate attempts to obtain copies of law firms’ client files by another firm that describes itself as the country’s “leading experts in fighting unfair compensation deductions”.’

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Litigation Futures, 8th January 2018

Source: www.litigationfutures.com

Judge intervenes to stem ‘flood’ of costs challenges – Law Society’s Gazette

Posted January 5th, 2018 in costs, damages, law firms, news by tracey

‘The High Court has issued a second judgment in quick succession around file disclosure in a bid to stem the flow of satellite litigation against law firms.’

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Law Society's Gazette, 4th January 2018

Source: www.lawgazette.co.uk

Tribunal unimpressed by Mastercard’s “wholly unreasonable” costs in Merricks case – Litigation Futures

Posted January 4th, 2018 in appeals, class actions, competition, consumer credit, costs, news, tribunals by sally

‘The costs incurred by Mastercard in defending an attempt to bring one of the largest class actions ever appear “wholly unreasonable and disproportionate”, the Competition Appeal Tribunal (CAT) has found.’

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Litigation Futures, 2nd January 2018

Source: www.litigationfutures.com

Provisional assessment cap not displaced by part 36 offer, Court of Appeal rules – Litigation Futures

Posted December 20th, 2017 in costs, indemnities, news, part 36 offers by sally

‘An award of indemnity costs after a successful part 36 offer in a provisional assessment does not remove the £1,500 costs cap, the Court of Appeal has ruled in overturning the High Court.’

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Litigation Futures, 20th December 2017

Source: www.litigationfutures.com

Court of Appeal dismisses challenge to finding that law firm made dishonest costs claims – The Guardian

Posted December 19th, 2017 in appeals, costs, fraud, insurance, law firms, news by sally

‘The Court of Appeal has rejected a Leeds law firm’s challenge to a ruling that it submitted a series of dishonest costs claims.’

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Litigation Futures, 18th December 2017

Source: www.litigationfutures.com

High Court criticises regional costs judge for second-guessing ATE insurer – Litigation Futures

Posted December 19th, 2017 in appeals, costs, insurance, judges, news by sally

‘A regional costs judge was “quite wrong” to assume that “his underwriting skill was better than that of the underwriter” and slashing an after-the-event insurance premium by 85%, the High Court has ruled.’

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Litigation Futures, 18th December 2017

Source: www.litigationfutures.com

Regional costs judge applies fixed costs to RTA claim that settled for £350k – Litigation Futures

Posted December 14th, 2017 in accidents, civil procedure rules, costs, news, road traffic by sally

‘A road traffic claim that settled pre-issue for £350,000 was subject to fixed recoverable costs (FRC) because it began in the portal, even though it was later removed because of its value, a regional costs judge has ruled.’

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Litigation Futures, 14th December 2017

Source: www.litigationfutures.com

Upper Tribunal judge refuses to set aside flawed SEN school ruling – Local Government Lawyer

Posted December 14th, 2017 in costs, education, local government, news, setting aside, special educational needs by sally

‘The First Tier Tribunal made a legal error in a case concerning which school a child with special needs should attend, but not one so serious that it required its decision to be set aside, an Upper Tribunal judge has ruled.’

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Local Government Lawyer, 13th December 2017

Source: www.localgovernmentlawyer.co.uk

Costs lawyers urge government to limit fixed costs to fast-track only – Litigation Futures

Posted December 12th, 2017 in budgets, costs, news, solicitors by sally

‘The government should curb Lord Justice Jackson’s recommendation to expand the use of fixed recoverable costs, limiting them only to the fast-track, according to a survey of costs lawyers.’

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Litigation Futures, 12th December 2017

Source: www.litigationfutures.com

Court of Appeal upholds assignments of pre-LASPO CFAs – 4 New Square

Posted December 11th, 2017 in agreements, appeals, assignment, contracts, costs, fees, judgments, law firms, news by sally

‘Today [5 December] the Court of Appeal gave it’s eagerly awaited judgment in Budana v The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980. Overturning the decision of DJ Besford in the County Court at Kingston-Upon-Hull, the court ruled that a pre-LASPO CFA could validly be transferred from one firm of solicitors to another, even after 1 April 2013, in such a way as to preserve the right to recover success fees and ATE premiums, provided all three parties (client and both firms) expressly so agreed.’

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4 New Square, 5th December 2017

Source: www.4newsquare.com

Budana v The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980 – Hailsham Chambers

Posted December 8th, 2017 in assignment, costs, fees, news, solicitors by sally

‘In a much anticipated decision, the Court of Appeal has held that a pre-LASPO CFA can be transferred from one firm of solicitors to another – even post – LASPO – without losing the right to recover success fees from the defendant. The decision depended highly on policy considerations. It will be welcomed by solicitors who in a wide variety of circumstances have been party to such transfers.’

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Hailsham Chambers, 7th December 2017

Source: www.hailshamschambers.com

Can Insurance Provide Security for Costs? – Premier Motorauctions Ltd (In Liquidation) and Another v PriceWaterhouseCoopers LLP & Another – Zenith PI Blog

Posted December 4th, 2017 in appeals, civil procedure rules, costs, insurance, news by sally

‘The Court of Appeal have considered the issue of whether or not an ATE policy is relevant when considering an application for security for costs.’

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Zenith PI Blog, 1st December 2017

Source: zenithpi.wordpress.com