Master calls on rules committee to solve riddle of the costs of budgeting – Litigation Futures

Posted August 16th, 2017 in budgets, civil procedure rules, costs, documents, judges, news by sally

‘A High Court Master has called on the Civil Procedure Rules Committee (CPRC) to resolve the “tension” between the need to “spell out in the eventual bill” the costs of costs budgeting and to include them in Precedent H.’

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Litigation Futures, 16th August 2017

Source: www.litigationfutures.com

Appeal judges uphold indemnity costs order in “long and acrimonious” neighbour dispute – Litigation Futures

Posted August 16th, 2017 in appeals, costs, dispute resolution, indemnities, judges, news, part 36 offers, utilities by sally

‘The Court of Appeal has backed the order of indemnity costs against a retired couple involved in a battle over access to gas and electricity meters, who “had not come to court to assist the court in resolving the dispute but to assist themselves”.’

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Litigation Futures, 15th August 2017

Source: www.litigationfutures.com

Court rules on fixed costs for interim applications – Law Society’s Gazette

Posted August 11th, 2017 in advocacy, civil procedure rules, costs, news by tracey

‘A regional costs judge has ruled in favour of claimants in the latest hearing to consider the issue of fixed costs for interim applications.’

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Law Society's Gazette, 11th August 2017

Source: www.lawgazette.co.uk

F1 personality ordered to pay part 36 indemnity costs over failure to engage in settlement – Litigation Futures

Posted August 10th, 2017 in costs, delay, news, part 36 offers by tracey

‘The High Court has ordered well-known Formula 1 personality Eddie Jordan to pay indemnity costs after he accepted a “very historic” £15,000 part 36 offer that was still open on the eve of trial – and which was £85,000 less than he had been offered a year earlier.’

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Litigation Futures, 10th August 2017

Source: www.litigationfutures.com

Appeal judges reject law firm’s claim for fees under insolvency CFA – Litigation Futures

Posted August 9th, 2017 in appeals, costs, estoppel, insolvency, news, solicitors by sally

‘The Court of Appeal has rejected a law firm’s claim to its legal fees in a battle with a liquidator over a conditional fee agreement (CFA).’

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Litigation Futures, 8th August 2017

Source: www.litigationfutures.com

Court of Appeal: claimants cannot “blow hot and cold” with QOCS – Litigation Futures

Posted August 4th, 2017 in appeals, costs, fees, news by sally

‘Claimants cannot “blow hot and cold” with qualified one-way costs shifting (QOCS) by terminating one conditional fee agreement (CFA) and signing a new one just to get the benefit of costs protection, the Court of Appeal has ruled.’

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Litigation Futures, 3rd August 2017

Source: www.litigationfutures.com

Bar Council responds to Lord Justice Jackson’s FRC proposals – The Bar council

Posted August 2nd, 2017 in civil justice, costs, judges, news, press releases, reports by tracey

‘Responding to the publication today of the Review of Civil Litigation Costs: Supplemental Report – Fixed Recoverable Costs by Lord Justice Jackson,Chair of the Bar, Andrew Langdon QC, said: “Today’s review by Jackson LJ indicates that he has listened carefully to the views of the legal profession and accepted proposals from the Bar Council and others that multi track cases are so varied in character that they do not lend themselves to any rigid costs matrix, and that cost management is working better than had been supposed.”

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The Bar Council, 31st July 2017

Source: www.barcouncil.org.uk

Jackson LJ on costs in all judicial reviews: Aarhus rules to apply – UK Human Rights Blog

Posted August 1st, 2017 in budgets, costs, judicial review, news by sally

‘Jackson LJ is still toiling away at costs issues some 8 years after his main report. The original report changed the whole way in which the civil courts go about working how much, if anything, is due from one side to another at the end of a case – budgets being one key element. The main part of this new report concerns extending fixed costs further.’

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UK Human Rights Blog, 31st July 2017

Source: ukhumanrightsblog.com

Litigation trends: Can London retain its litigation crown? – New Law Journal

Posted August 1st, 2017 in costs, disclosure, electronic filing, legal services, London, news by sally

‘The impact of Brexit, the outcome of the latest Jackson costs review and taming the “monster” of e-disclosure are of critical importance if the UK is to retain its standing as the dominant legal centre.’

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New Law Journal, 28th July 2017

Source: www.newlawjournal.co.uk

NHS victims face spending all their damages on lawyers – new report – Daily Telegraph

‘Victims of NHS blunders face spending all their compensation on lawyers fees, following a proposed Government shake-down of legal costs, experts have warned.’

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Daily Telegraph, 31st July 2017

Source: www.telegraph.co.uk

Jackson lays out plan for fixed costs with warning that it’s not his job to protect profession – Legal Futures

Posted August 1st, 2017 in civil procedure rules, costs, costs capping orders, news by sally

‘Lord Justice Jackson has today put forward his vision for extending fixed recoverable costs (FRC), but warned that it was not his job to protect the junior Bar or any other part of the profession in doing so.’

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Legal Futures, 31st July 2017

Source: www.legalfutures.co.uk

Review of Civil Litigation Costs: Supplemental Report – Fixed Recoverable Costs – Courts and Tribunals Judiciary

Posted July 31st, 2017 in civil justice, costs, reports by sally

Review of Civil Litigation Costs: Supplemental Report – Fixed Recoverable Costs

Court and Tribunals Judiciary, 31st July 2017

Source: www.judiciary.gov.uk

Part 36 : THE Court’s Approach Following Disclosure of Existence of an Offer – Zenith PI Blog

Posted July 31st, 2017 in civil procedure rules, costs, judges, news, part 36 offers, shareholders by sally

‘In a long running shareholder dispute, the claimant company sought its costs from the defendants. The defendants had made 3 Part 36 offers in respect of the claimants claim against them. The judge had determined a number of issues in a hearing in November 2016, however there were other remaining issues to be tried. The court was made aware of the fact, but NOT the content, of the offers.’

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Zenith PI Blog, 31st July 2017

Source: zenithpi.wordpress.com

Negligent hospitals to get free pass at inquests under costs cap – warning – Daily Telegraph

Posted July 31st, 2017 in compensation, coroners, costs, hospitals, inquests, negligence, news by sally

‘NHS hospitals responsible for patient deaths will get a free pass at inquests under Government proposals to cap legal costs, the lawyer for victims of the Bristol heart scandal has warned.’

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Daily Telegraph, 30th July 2017

Source: www.telegraph.co.uk

The cost of resisting disclosure of sensitive police material in family proceedings – UK Police Law Blog

‘Who pays the costs of Special Advocates where closed material procedures are required to consider sensitive police documents in family proceedings? The police, according to Cobb J in Re R (Closed Material Procedure: Special Advocates: Funding) [2017] EWHC 1793 (Fam).’

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UK Police Law Blog, 30th July 2017

Source: ukpolicelawblog.com

Blunders behind NHS baby deaths risk cover-ups under new plans – Daily Telegraph

Posted July 28th, 2017 in birth, costs, fees, hospitals, negligence, news by tracey

‘NHS blunders which leave babies stillborn will be brushed under the carpet under government plans to limit legal fees, safety campaigners have warned.’

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Daily Telegraph, 27th July 2017

Source: www.telegraph.co.uk

Dorset village brothel uncovered by police after woman helping to run it rings 999 when client collapses – Daily Telegraph

Posted July 27th, 2017 in conditional discharge, costs, news, prostitution, sentencing by tracey

‘A brothel run from a Dorset village was uncovered by police after a client collapsed, leading a woman who helped run the premises to ring 999.’

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Daily Telegraph, 26th July 2017

Source: www.telegraph.co.uk

Personal injury: Untraced drivers and rights – Law Society’s Gazette

Posted July 26th, 2017 in costs, limitations, Motor Insurers’ Bureau, news, personal injuries by sally

‘In Howe v Motor Insurers’ Bureau [2017] EWCA obligation 932, Mr Howe was driving a lorry in France on 30 March 2007 when a wheel detached from a lorry in front of him. The resulting accident left him paraplegic. Neither the other vehicle nor its driver was ever traced. He submitted a claim to the Motor Insurers’ Bureau and its French equivalent, but after a time he was told by the French that his claim was out of time. Consequently, he issued proceedings against the British MIB directly, seeking to enforce his rights under regulation 13 of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 (the regulations). That claim was struck out because it was out of time. The MIB now sought to recover its costs of defending the proceedings.’

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Law Society's Gazette, 24th July 2017

Source: www.lawgazette.co.uk

UK litigation ‘cost effective’, LCJ declares – Law Society’s Gazette

Posted July 26th, 2017 in costs, EC law, enforcement, fees, news by sally

‘Litigation costs are more favourable in the UK than elsewhere, the lord chief justice has said, outlining an optimistic view of the UK’s legal reputation post Brexit.’

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Law Society's Gazette, 25th July 2017

Source: www.lawgazette.co.uk

Council to pay out £12k over failings to family of severely autistic boy – Local Government Lawyer

Posted July 25th, 2017 in autism, children, costs, local government, news, ombudsmen by sally

‘A county council has agreed to pay out £12,000 and meet the legal costs of the family of a boy with severe autism, after the local authority failed to provide the right accommodation for him.’

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Local Government Lawyer, 25th July 2017

Source: www.localgovernmentlawyer.co.uk