Doctors’ body urges government to aim high with fixed-fee cap for clinical negligence cases – Litigation Futures

Posted April 25th, 2017 in consultations, costs, doctors, fees, health, negligence, news by sally

‘The Medical Protection Society (MPS) has called on the government to be more “bold” with its proposals to introduced fixed costs for clinical negligence cases by including cases worth up to £250,000 – 10 times the proposed limit.’

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Litigation Futures, 25th April 2017

Source: www.litigationfutures.com

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High Court fast-tracks challenge to environmental costs reforms – Litigation Futures

Posted April 25th, 2017 in charities, costs, environmental protection, news by sally

‘The High Court has fast-tracked a judicial review brought by three charities challenging the new costs regime for cases involving the environment.’

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Litigation Futures, 24th April 2017

Source: www.litigationfutures.com

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Supreme Court dismisses media publishers’ appeals against costs awards – OUT-LAW.com

‘The UK’s highest court has dismissed the appeals of three media publishers against costs orders made against them by High Court judges in separate libel and privacy cases.’

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OUT-LAW.com, 18th April 2017

Source: www.out-law.com

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When winning isn’t enough: Court of Appeal order successful party to pay 75% of other side’s costs – Litigation Futures

Posted April 20th, 2017 in abuse of process, appeals, costs, news, striking out by sally

‘A High Court judge was entitled to penalise a firm of Russian stockbrokers for conduct that “fell below acceptable standards of conducting litigation” by ordering it to pay 75% of the other side’s costs, even though it had successfully resisted a bid to strike out its claim, the Court of Appeal has ruled.’

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Litigation Futures, 20th April 2017

Source: www.litigationfutures.com

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CA offers pointers on when costs should be awarded in small claims court – Litigation Futures

Posted April 19th, 2017 in appeals, civil procedure rules, costs, judges, news, small claims by tracey

‘The “unreasonable conduct” test for ordering costs in the small claims court is similar to that for wasted costs, the Court of Appeal has ruled, but said it would not want litigants to be “too easily deterred” by the risk of an adverse costs award.’

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Litigation Futures, 18th April 2017

Source: www.litigationfutures.com

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Jackson backs cost capping for Mercantile Court pilot – Litigation Futures

Posted April 13th, 2017 in costs, courts, news, pilot schemes by sally

‘Lord Justice Jackson has chosen cost capping, rather than fixed costs, as the way forward for a voluntary pilot he hopes to introduce in the Mercantile Court, as the judge continues to investigate the possible extension of fixed recoverable costs.’

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Litigation Futures, 13th April 2017

Source: www.litigationfutures.com

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Drink-driver who crashed with son in car jailed – The Guardian

Posted April 11th, 2017 in costs, dangerous driving, disqualification, driving licences, news, sentencing by sally

‘A drink-driver who smashed into a concrete roundabout island and launched her car 14ft into the air while her child was in the back has been jailed.’

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The Guardian, 10th April 2017

Source: www.guardian.co.uk

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Katie Hopkins and serious harm – Law Society’s Gazette

Posted April 10th, 2017 in costs, damages, defamation, internet, news by sally

‘Both Katie Hopkins and Jack Monroe are outspoken, including on Twitter. During anti-government protests following the 2015 general election, graffiti was sprayed on to a memorial to the women of the second world war. Hopkins tweeted at 7.20pm on 18 May: ‘@MsJackMonroe scrawled on any memorials recently? Vandalised the memory of those who fought for your freedom. Grandma got any more medals?’ Monroe responded 13 minutes later: ‘I have NEVER “scrawled on a memorial”. Brother in the RAF. Dad was a Para in the Falklands. You’re a piece of shit’. Later that evening she demanded Hopkins delete the tweet, apologise and make a £5,000 donation to charity. By 9.47pm, Hopkins, having realised she had confused Monroe with journalist Laurie Penny, had deleted the first tweet but further tweeted: ‘Can someone explain to me – in 10 words or less – the difference between irritant @PennyRed and social anthrax @MsJackMonroe.’ On 2 June, Hopkins finally tweeted a retraction, but no apology: ‘@MsJackMonroe I was confused about identity. I got it wrong.’’

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Law Society’s Gazette, 10th April 2017

Source: www.lawgazette.co.uk

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Rare butterfly killer Philip Cullen spared jail – BBC News

‘A collector who captured and killed the UK’s rarest butterfly – the Large Blue – has been spared jail.’

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BBC News, 7th April 2017

Source: www.bbc.co.uk

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Unreliable ATE Policies – A Warning for Defendants – Radcliffe Chambers

Posted April 6th, 2017 in costs, insurance, news, part 36 offers, trials by sally

‘The recent decision in Denso Manufacturing UK Ltd v Great Lakes Reinsurance (UK) plc [2017] EWHC 391 (Comm) highlights the fact that defendants should not be confident that, if a claim fails, the unsuccessful claimants’ ATE policies will pay out’

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Radcliffe Chambers, 3rd April 2017

Source: www.radcliffechambers.com

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Service Charges: No Double Recovery – Local Government Law

Posted April 6th, 2017 in appeals, costs, housing, leases, local government, news, service charges by tracey

‘In Sheffield City Council v Oliver (2007) EWCA Civ 225 the local authority was unsuccessful in its appeal from an Upper Tribunal (Lands Chamber) decision concerning the funding of major refurbishment works to several blocks of flats of which it is the freeholder.’

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Local Government Law, 5th April 2017

Source: www.11kbw.com/blogs/local-government-law

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Ex-BBC worker Geoffrey Wheeler guilty of indecent assault – BBC News

Posted April 4th, 2017 in assault, BBC, community service, costs, news, sentencing, sexual offences by sally

‘An ex-BBC employee who indecently assaulted a woman more than 30 years ago was told his “past has caught up” as he was convicted.’

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BBC News, 3rd April 2017

Source: www.bbc.co.uk

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Supreme Court: appeal classed as ‘proceedings’ in transitional cost recovery cases – OUT-LAW.com

Posted April 3rd, 2017 in agreements, costs, fees, insurance, news, solicitors, Supreme Court by sally

‘Transitional provisions allowing the recoverability of solicitors’ success fees and an after the event (ATE) insurance premium after April 2013 extend to where the policy is assigned, and where the case is later appealed, the Supreme Court has ruled.’

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OUT-LAW.com, 31st March 2017

Source: www.out-law.com

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Law firms to be banned from touting for business in hospitals – Daily Telegraph

Posted April 3rd, 2017 in costs, hospitals, law firms, negligence, news, personal injuries by sally

‘Law firms will no longer be able to tout for business inside hospitals under plans unveiled by the NHS.’

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Daily Telegraph, 31st March 2017

Source: www.telegraph.co.uk

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Fine for senior partner who “accidentally” discriminated against colleague on grounds of age and religion – Legal Futures

‘A senior partner who was found by an employment tribunal to have discriminated against, harassed and victimised a former equity partner at his firm, has been fined £2,000 by the Solicitors Disciplinary Tribunal (SDT), which found his culpability to be “low” as his behaviour had “just crossed the line into discrimination”.’

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Legal Futures, 3rd April 2017

Source: www.legalfutures.co.uk

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Supreme Court rejects narrow approach to LASPO transitional provisions on success fees and ATE – Litigation Futures

Posted March 31st, 2017 in appeals, costs, fees, insurance, news, Supreme Court, time limits by tracey

‘The Supreme Court has allowed the recovery of a pre-LASPO success fee and after-the-event (ATE) premium where the conditional fee agreement (CFA) and insurance had to be extended after 1 April 2013 to cover appeals.’

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Litigation Futures, 29th March 2017

Source: www.litigationfutures.com

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Katie Hopkins cannot appeal Jack Monroe libel tweet case – BBC News

Posted March 30th, 2017 in appeals, costs, damages, defamation, media, news by tracey

‘Columnist Katie Hopkins has been told she cannot appeal against a libel action which landed her with a six-figure bill.’

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BBC News, 29th March 2017

Source: www.bbc.co.uk

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‘Handbags in the cul-de-sac’: Judge accuses neighbours of ‘acting like immature teenagers’ in boundary row – Daily Telegraph

‘A judge accused warring neighbours of having “handbags in the cul-de-sac” after an 81-year-old man attacked a man living next door with a rounders bat.’

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Daily Telegraph, 26th March 2017

Source: www.telegraph.co.uk

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Merrix v Heart of England NHS Foundation Trust – Litigation Futures

Posted March 24th, 2017 in budgets, civil procedure rules, costs, news by sally

‘The issue of costs budgets continues to occupy court time with The Honourable Mrs Justice Carr DBE the latest, and most senior, judge to give consideration to what, if any, weight an approved costs budget had when the bill of costs was the subject of a detailed assessment.’

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Litigation Futures, 22nd March 2017

Source: www.litigationfutures.com

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Special Damages for Physiotherapy Costs: Rates Limited to the Charges of the Physiotherapist Offered by the Defendant’s Insurers – Zenith PI Blog

Posted March 23rd, 2017 in costs, damages, insurance, news, personal injuries, physiotherapists, rehabilitation by sally

‘On 22.3.17 I represented the Defendant’s insurers at a Stage 3 road traffic accident assessment of damages hearing before Deputy District Judge Lingard in the Leeds County Court, at which the rates of charge recoverable for physiotherapy treatment received by the Claimant were limited to the rates charged by the physiotherapist whose treatment was offered by the Defendant’s insurers.’

Full story

Zenith PI Blog, 22nd March 2017

Source: www.zenithpi.wordpress.com

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