Solicitors’ Bills – Hardwicke Chambers

Posted December 14th, 2018 in appeals, costs, fees, news, solicitors by sally

‘The court of appeal’s decision in Slade (t/a Richard Slade And Company) v Boodia & Anor [2018] EWCA Civ 2667 is good news for solicitors but potentially not so good for their clients.’

Full Story

Hardwicke Chambers, 3rd December 2018

Source: hardwicke.co.uk

Counterclaim Costs Conundrums – the application of QOCS to Defendants counterclaiming in personal injury – No. 5 Chambers

Posted December 12th, 2018 in civil procedure rules, costs, enforcement, news, personal injuries by sally

‘In County Courts around the country over the past year, it has become ‘fashionable’ to argue over the meaning of the word “proceedings” in CPR r.44.13. The essential question is whether a Defendant, by virtue of bringing a counterclaim including personal injury, is afforded QOCS protection against the Claimant such that any orders for costs made against him cannot be enforced. There are currently two contradictory cases on this point.’

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No. 5 Chambers, 19th November 2018

Source: www.no5.com

Richard Slade & Co v Boodia: Court of Appeal rules in favour of solicitors’ practice on billing – 4 New Square

Posted December 11th, 2018 in appeals, costs, fees, news, solicitors by sally

‘Yesterday [27 November], the Court of Appeal handed down judgment in Richard Slade & Co v Boodia [2018] EWCA Civ 2667, resolving much of the confusion and concern that had fomented around the now reversed High Court decision and the issue of interim statute bills generally.’

Full Story

4 New Square, 28th November 2018

Source: www.4newsquare.com

British Telecommunications plc v Office of Communications – Blackstone Chambers

Posted December 11th, 2018 in appeals, competition, costs, news, ombudsmen, telecommunications, tribunals by sally

‘The Court of Appeal has overturned the Competition Appeal Tribunal’s approach to awarding costs against Ofcom in telecommunications appeals.’

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Blackstone Chambers, 15th November 2018

Source: www.blackstonechambers.com

UK Arbitration Act: Time for a revamp? – 4 New Square

‘Several countries have moved to amend their arbitration legislation, but the UK is yet to modernise its 1996 Arbitration Act, CDR explores what these provisions could look like and whether the market wants it.’

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4 New Square, 12th November 2018

Source: www.4newsquare.com

The pen: mightier than the word? – New Law Journal

Posted December 11th, 2018 in civil justice, civil procedure rules, costs, evidence, news, witnesses by sally

‘John A. Kimbell QC considers a new review of the rules on witness evidence in the Business & Property Courts.’

Full Story

New Law Journal, 12th November 2018

Source: www.newlawjournal.co.uk

MoJ calls for evidence on new personal injury discount rate – Litigation Futures

‘The Ministry of Justice (MoJ) has issued a call for evidence on the new personal injury discount rate to be set under what will soon be the Civil Liability Act.’

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Litigation Futures, 10th December 2018

Source: www.litigationfutures.com

Leading firm left with court fees budget after late service – Litigation Futures

Posted December 7th, 2018 in budgets, case management, costs, fees, indemnities, law firms, news, sanctions, service by tracey

‘A leading national law firm that served its budget late has failed in an application for relief from sanctions only made on the day of the case and costs management conference (CCMC).’

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Litigation Futures, 7th December 2018

Source: www.litigationfutures.com

BSB seeks views on how to recover costs for overseeing new Bar training rules – Bar Standards Board

Posted December 7th, 2018 in barristers, consultations, costs, fees, legal education, press releases, pupillage by tracey

‘The Bar Standards Board (BSB) has today launched a consultation seeking views on the charging model it proposes to introduce for organisations providing Bar training. These organisations are known as Authorised Education and Training Organisations (AETOs).’

Full press release

Bar Standards Board, 6th December 2018

Source: www.barstandardsboard.org

Defamation and privacy case cost reforms earmarked for 2019 – OUT-LAW.com

Posted December 4th, 2018 in costs, defamation, fees, news, privacy by tracey

‘Publishers that lose defamation and privacy cases brought against them in England and Wales will not be forced to pay the “success fee” charged by lawyers of the successful party via so-called ‘conditional fee arrangements’ (CFAs) under cost reforms due to be implemented in April next year.’

Full Story

OUT-LAW.com, 3rd December 2018

Source: www.out-law.com

Fundamental dishonesty – you have been warned (hopefully) – Zenith PI

Posted December 4th, 2018 in contempt of court, costs, fraud, news, personal injuries, road traffic by tracey

‘I recently represented a claimant at trial in relation to a personal injury claim arising out of a road traffic accident. The defendant indicated an intention to pursue a finding of fundamental dishonesty. There were certain aspects of the evidence that might have led to such a finding, but such an outcome was far from certain.’

Full Story

Zenith PI, 30th November 2018

Source: zenithpi.wordpress.com

Boxing guru loses £922k costs fight with former lawyers – Law Society’s Gazette

Posted December 4th, 2018 in costs, fees, law firms, news, solicitors by tracey

‘Boxing promoter Frank Warren has failed to persuade the High Court to order a detailed assessment of around £922,000 in costs rendered by his former solicitors.’

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Law Society's Gazette, 4th December 2018

Source: www.lawgazette.co.uk

Recovery of success fees in defamation cases to end – Litigation Futures

Posted December 3rd, 2018 in costs, defamation, fees, freedom of expression, news, privacy, protective costs orders by tracey

‘The government is to abolish the recoverability of success fees in defamation cases – but retain it for after-the-event (ATE) insurance premiums, it announced yesterday.’

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Litigation Futures, 30th November 2018

Source: www.litigationfutures.com

Solicitors win on appeal over status of costs bills – Law Society’s Gazette

Posted November 28th, 2018 in appeals, costs, law firms, news by tracey

‘The Court of Appeal has allowed a challenge from a law firm whose former clients wanted a full assessment of more than £200,000 in billed costs. Lord Justice Newey overturned a High Court ruling which had held that a statute bill served by a law firm should contain details of disbursements.’

Full Story

Law Society's Gazette, 28th November 2018

Source: www.lawgazette.co.uk

Divorce is not a “blank cheque” for litigation, judge warns – Legal Futures

Posted November 27th, 2018 in costs, divorce, financial provision, indemnities, legal representation, news by tracey

‘Litigation is not a “blank cheque” and divorcing people cannot behave on the basis that they are bound to be reimbursed for their costs, a leading family law judge has warned.’

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Legal Futures, 27th November 2018

Source: www.legalfutures.co.uk

Deal with proportionality at start of assessment, says costs judge – Litigation Futures

Posted November 26th, 2018 in costs, news, proportionality by tracey

‘Proportionality should be addressed at the beginning of an assessment, and not the end, because it should inform the reasonableness of the costs, a costs judge has suggested.’

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Litigation Futures, 26th November 2018

Source: www.litigationfutures.com

Party awarded 2% of value of claim “was not winner” – Litigation Futures

Posted November 16th, 2018 in costs, damages, news, restitution by tracey

‘A claimant that recovered just 2% of the sum it originally claimed at trial was not the successful party, the High Court has ruled.’

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Litigation Futures, 16th November 2018

Source: www.litigationfutures.com

QOCS judgment muddies the waters on costs-shifting – Law Society’s Gazette

Posted November 14th, 2018 in civil procedure rules, costs, damages, news by sally

‘A defendant who had initiated a counterclaim – and tried to receive the subsequent costs benefits of being a claimant – has lost his argument in the county court.’

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Law Society's Gazette, 12th November 2018

Source: www.lawgazette.co.uk

Court cannot order costs on account after part 36 acceptance – Litigation Futures

Posted November 14th, 2018 in civil procedure rules, costs, news, part 36 offers by sally

‘The courts have no power to order the payment of costs on account after a part 36 offer is accepted, the High Court has ruled.’

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Litigation Futures, 14th November 2018

Source: www.litigationfutures.com

Judge criticises City solicitor for giving witness statement to journalist – Litigation Futures

‘A High Court judge has strongly criticised a City partner who gave a journalist a copy of a witness statement made in support of an application for pre-action disclosure.’

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Litigation Futures, 13th November 2018

Source: www.litigationfutures.com