Barrister who halved suspension on appeal refused costs against BSB – Legal Futures

Posted December 5th, 2023 in appeals, barristers, costs, disciplinary procedures, news by sally

‘The High Court has refused to order costs in favour of a barrister who successfully reduced the suspension imposed on him for recklessly misleading the Court of Appeal.’

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Legal Futures, 5th December 2023

Source: www.legalfutures.co.uk

Family of headteacher Ruth Perry refused legal aid for inquest into her death – The Guardian

Posted November 27th, 2023 in bereavement, costs, families, inquests, legal aid, mental health, news, ombudsmen, suicide, teachers by tracey

‘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.’

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The Guardian, 26th November 2023

Source: www.theguardian.com

Solicitors Regulation Authority wins appeal against Solicitors Disciplinary Tribunal costs order – Law Society’s Gazette

‘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.’

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Law Society's Gazette, 27th November 2023

Source: www.lawgazette.co.uk

Litigation friend ordered to pay £42,000 costs for ‘wholly inadequate’ performance – Law Society’s Gazette

‘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.”’

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Law Society's Gazette, 23rd November 2023

Source: www.lawgazette.co.uk

Mental health considerations in dishonesty cases, time limits and costs – 3PB

Posted November 23rd, 2023 in appeals, costs, doctors, mental health, news, time limits by sally

‘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.’

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3PB, 26th October 2023

Source: www.3pb.co.uk

Fixed Recoverable Costs and Vulnerability – Gatehouse Chambers

Posted November 22nd, 2023 in chambers articles, civil procedure rules, costs, news by sally

‘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.’

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Gatehouse Chambers, 20th October 2023

Source: gatehouselaw.co.uk

“Rude and disruptive” caseworker must pay £20,000 costs to law firm – Legal Futures

Posted November 22nd, 2023 in costs, employment, employment tribunals, equality, law firms, news, race discrimination by sally

‘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.’

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Legal Futures, 22nd November 2023

Source: www.legalfutures.co.uk

National firm win costs order over ‘vexatious’ employment tribunal claim – Law Society’s Gazette

Posted November 20th, 2023 in costs, employment, employment tribunals, equality, law firms, news, vexatious litigants by tracey

‘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.” ’

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Law Society's Gazette, 20th November 2023

Source: www.lawgazette.co.uk

High Court laments “wholly unacceptable” last-minute adjournment – Legal Futures

Posted November 17th, 2023 in adjournment, arbitration, charging orders, Commercial Court, costs, news by tracey

‘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.’

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Legal Futures, 17th November 2023

Source: www.legalfutures.co.uk

Appeal confirms that persons unknown must identify themselves if they wish to challenge a bill of costs – Gatehouse Chambers

‘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.’

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Gatehouse Chambers, 4th October 2023

Source: gatehouselaw.co.uk

Lack of detail on clin neg fixed costs “extremely worrying” – Legal Futures

Posted November 14th, 2023 in costs, hospitals, negligence, news by sally

‘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.’

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Legal Futures, 14th November 2023

Source: www.legalfutures.co.uk

SRA appeals ‘astonishing’ £5,000 tribunal costs order – Law Society’s Gazette

‘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.’

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Law Society's Gazette, 9th November 2023

Source: www.lawgazette.co.uk

Employment Tribunals are not a costs-free zone – Littleton Chambers

Posted November 9th, 2023 in chambers articles, costs, employment, employment tribunals, judgments, news by sally

‘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.’

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Littleton Chambers, 24th October 2023

Source: littletonchambers.com

The extension of fixed costs – two steps forward and five steps back – Exchange Chambers

Posted November 9th, 2023 in chambers articles, civil procedure rules, costs, news by sally

‘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.’

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Exchange Chambers, 13th October 2023

Source: www.exchangechambers.co.uk

What’s all the noise about? The new Civil Procedure Rule provisions in relation to Noise Induced Hearing Loss – Farrar’s Building

Posted November 9th, 2023 in chambers articles, civil procedure rules, costs, news, noise, personal injuries by sally

‘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.’

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Farrar's Building, 20th October 2023

Source: www.farrarsbuilding.co.uk

Lumb v Lumb: fitting together the costs rules in probate disputes with the general ethos of the CPR – Wilberforce Chambers

Posted November 8th, 2023 in chambers articles, civil procedure rules, costs, news, probate by sally

‘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.’

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Wilberforce Chambers, 30th October 2023

Source: www.wilberforce.co.uk

Court rejects ‘fishing expedition’ for firm’s call recording – Law Society’s Gazette

Posted November 6th, 2023 in costs, disclosure, fees, law firms, news, solicitors, telecommunications by tracey

‘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.’

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Law Society's Gazette, 6th November 2023

Source: www.lawgazette.co.uk

From costs to validating advice – litigators see role for AI – Legal Futures

Posted November 3rd, 2023 in artificial intelligence, costs, law firms, legal services, news, solicitors by tracey

‘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.’

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Legal Futures, 3rd November 2023

Source: www.legalfutures.co.uk

Fixed costs rules not as simple as we wanted, Birss admits – Legal Futures

Posted October 30th, 2023 in civil justice, costs, news by tracey

‘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.’

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Legal Futures, 30th October 2023

Source: www.legalfutures.co.uk

Firm’s ‘unrealistic’ estimate of costs in professional negligence case was ‘inadequate’, judge finds – Law Society’s Gazette

Posted October 24th, 2023 in costs, law firms, negligence, news by tracey

‘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.’

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Law Society's Gazette, 23rd October 2023

Source: www.lawgazette.co.uk