The future for me is already a thing of the past – Nearly Legal

Posted November 13th, 2019 in appeals, costs, housing, landlord & tenant, news, repairs, third parties by sally

‘This is an important Court of Appeal decision concerning Landlord and Tenant Act 1985, s.19(2) and the reasonable sum payable in advance on account of works where the landlord may be able in future to recover some of the costs from a third party.’

Full Story

Nearly Legal, 12th November 2019

Source: nearlylegal.co.uk

£500 “not enough” to pay for LiP’s legal advice on settlement – Litigation Futures

Posted November 12th, 2019 in costs, employment tribunals, fees, litigants in person, news, unfair dismissal by sally

‘Employers paying for an employee to speak to a lawyer about settling a dismissal dispute need to stump up significantly more than £500 for proper legal advice, the Employment Appeal Tribunal (EAT) has ruled.’

Full Story

Litigation Futures, 12th November 2019

Source: www.litigationfutures.com

A novel and effective costs order – Law Society’s Gazette

Posted November 11th, 2019 in budgets, costs, damages, news, striking out by sally

‘In the recent case of Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd (Costs) [2019] EWHC 2338 (Comm), Christopher Hancock QC (sitting as a judge of the High Court) made an order against the defendant for payment of costs on account in the event that the defendant failed to comply with an ‘unless order’. Orexim followed the approach of Mr Justice Coulson (as he then was) in Bruce MacInnes v Hans Thomas Gross [2017] EWHC 127 (QB).’

Full Story

Law Society's Gazette, 11th November 2019

Source: www.lawgazette.co.uk

District judge disallows court fee as disbursement – Law Society’s Gazette

Posted November 11th, 2019 in costs, fees, law firms, news by sally

‘A county court has disallowed a court fee after finding the claimant had failed to apply for remission. District Judge Jenkinson, sitting at Liverpool County Court, ruled in Stoney v Allianz that the £455 fee was not a disbursement reasonably incurred and was not recoverable.’

Full Story

Law Society's Gazette, 11th November 2019

Source: www.lawgazette.co.uk

Case Comment: Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 – UKSC Blog

‘Alaina Wadsworth, Ben Brown, Ed Foss and Thomas Pangbourne, who all work within the Insurance & Reinsurance Group at CMS, comment on the decision handed down by the UK Supreme Court on 30 October 2019, in the matter of Travelers Insurance Company Ltd v XYZ [2019] UKSC 48.’

Full Story

UKSC Blog, 11th November 2019

Source: ukscblog.com

Upper Tribunal roundup (The Very Late Summer 2019 edition) – Nearly Legal

Posted November 7th, 2019 in costs, housing, landlord & tenant, leases, news, service charges, tribunals by tracey

‘There have been a fair few recent (and perhaps no-so-recent) decisions from the Upper Tribunal (Lands Chamber) on leasehold matters, so it’s time for a bit of a round up.’

Full Story

Nearly Legal, 5th November 2019

Source: nearlylegal.co.uk

Aldred v Cham – 4 New Square

Posted November 6th, 2019 in civil procedure rules, costs, fees, news, personal injuries, road traffic by sally

‘In Aldred v Cham [2019] EWCA Civ 1780 the Court of Appeal (Lord Justices McCombe and Coulson and Lady Justice Nicola Davies) considered whether the cost of counsel’s advice relating to the proposed settlement of an RTA claim was a claim for a disbursement which should be allowed in addition to the fixed recoverable costs (“FRC”) provided for under CPR 45.29C and Table 6B because it was “reasonably incurred due to a particular feature of the dispute”. This case has provided welcome clarity in a previously much disputed area.’

Full Story

4 New Square, 29th October 2019

Source: www.4newsquare.com

Concerns raised about Calderbank offers being used to assess litigation conduct – Law Society’s Gazette

‘Reservations have been expressed about plans to change the rules for determining costs at the end of family proceedings.’

Full Story

Law Society's Gazette, 5th November 2019

Source: www.lawgazette.co.uk

High court to hear crowdfunded challenge to ‘begging fines’ – The Guardian

‘A landmark high court case will determine whether fines for begging, loitering and leaving bedding in doorways unfairly targets homeless people, after a fundraising campaign for legal costs reached its target.’

Full Story

The Guardian, 4th November 2019

Source: www.theguardian.com

EPA prosecutions and costs – Nearly Legal

‘This was a judicial review of a costs order made by Camberwell Green Magistrates on a settled Environmental Protection Act 1990 s.82 prosecution. The Magistrates had refused to state a case for the consideration of the High Court.’

Full Story

Nearly Legal, 31st October 2019

Source: nearlylegal.co.uk

New Judgment: Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 – UKSC Blog

‘This appeal concerned who should pay the legal costs of 426 claimants who successfully sued a medical group for the supply of defective silicone breast implants. It allows the Supreme Court to review the principles concerning third-party costs orders. 426 uninsured claimants applied to the court for an order that Travelers pay their costs. The High Court and Court of Appeal held that Travelers be ordered to pay them, albeit for slightly different reasons. Travelers appealed to the Supreme Court.’

Full Story

UKSC Blog, 30th October 2019

Source: ukscblog.com

Moving Inevitably On: A Fixed Future on the Fast Track – No. 5 Chambers

Posted October 31st, 2019 in consultations, costs, fees, news by sally

‘Although to all outward appearances the machinery of government appears to have ground to halt, fixated with only resolving that one conundrum with an outcome which is far from certain, the Ministry of Justice appears not only immune to the partial paralysis, but intends to give certainty in an uncertain world – at least the world of costs. Though delays abound, the inexorable march forward with Sir Rupert Jackson’s 2017 proposals continues.’

Full Story

No. 5 Chambers, 8th October 2019

Source: www.no5.com

SC limits third-party costs orders against insurers – Litigation Futures

Posted October 31st, 2019 in costs, insurance, news, third parties by sally

‘The Supreme Court has overturned a ruling by the Court of Appeal that the only limit on the court’s discretion to make third-party costs orders against insurers was that it must be exercised justly.’

Full Story

Litigation Futures, 30th October 2019

Source: www.litigationfutures.com

A Change of Culture: the CJC Working Group report on Low Value Clinical Negligence Claims – No. 5 Chambers

Posted October 31st, 2019 in costs, negligence, news, reports by sally

‘The CJC working group brought together a range of stakeholders with the aim of producing recommendations for the Department for Health and Social Care in relation to fixed recoverable costs (FRC) in low value clinical negligence claims. Broad, but not universal, consensus was reached on most issues. Further consultation by the DHSC is envisaged before a final framework is put in place.’

Full Story

No. 5 Chambers, 21st October 2019

Source: www.no5.com

Proportionality – Compared with what? And how to assess – No. 5 Chambers

‘Proportionality has been the watchword in costs for such a length of time that one might have been tempted into thinking that ‘new learning’ on the topic was unlikely. The Court of Appeal’s decision in West v. Stockport NHS Foundation Trust/Demouilpied v. Stockport NHS Foundation Trust [2019] EWCA Civ 1220 (hereinafter “West”) provides fresh insight, however, in relation to both the matters that will be considered by a judge assessing the proportionality of costs, and also the procedure to be adopted.’

Full Story

No. 5 Chambers, 10th October 2019

Source: www.no5.com

Richard Paige discusses: The impact of a counterclaim on QOCS – Park Square Barristers

‘In Ketchion v McEwan HHJ Freedman, sitting in Newcastle, held that the term “proceedings” in CPR 44.13 included both the claim and the counterclaim. The result of this decision was that the successful claimant was debarred from enforcing any of his costs (for bringing the claim or defending the counterclaim) against the unsuccessful defendant, because the defendant had brought a counterclaim which included personal injury.’

Full Story

Park Square Barristers, 14th October 2019

Source: www.parksquarebarristers.co.uk

Counsel’s fee in portal drop-out case included in fixed costs – Litigation Futures

‘Counsel’s fees for an opinion on quantum in a traffic accident involving a child are included in the fixed costs for the case and cannot be claimed separately, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 30th October 2019

Source: www.litigationfutures.com

New law “to put more pressure” on solicitors’ NDA advice – Legal Futures

‘A new law ensuring that employees signing non-disclosure agreements (NDAs) receive independent legal advice will “increase the onus” on solicitors to act properly when drafting them, the government has said.’

Full Story

Legal Futures, 30th October 2019

Source: www.legalfutures.co.uk

Third party costs application failed against losing claimant’s legal team – Practical Law Dispute Resolution Blog

Posted October 29th, 2019 in abuse of process, costs, malicious prosecution, news, third parties by sally

‘In the recent case of Willers v Joyce and others an application was brought by the winning party against the losing party’s counsel and solicitor following an unsuccessful claim for malicious prosecution.’

Full Story

Practical Law Dispute Resolution Blog, 24th October 2019

Source: disputeresolutionblog.practicallaw.com

Applications for Interim Payments of Costs: An Update – Hailsham Chambers

Posted October 29th, 2019 in costs, damages, negligence, news, personal injuries by sally

‘Applications for interim payments of costs are likely to continue to become more common, at least until some higher judicial authority suggests that they should not be allowed in principle or save in exceptional circumstances. In the meantime, practitioners would be well advised to be aware of some practical guidance as to how such applications should be presented.’

Full Story

Hailsham Chambers, 24th October 2019

Source: www.hailshamchambers.com