CFA costs payable as part of maintenance award, CoA rules – Law Society’s Gazette

Posted October 18th, 2021 in appeals, costs, debts, fees, news, trusts, wills by tracey

‘The Court of Appeal has ruled that a judge was correct to include some costs in a maintenance-based award, after the claimant had successfully secured part of her father’s estate.’

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Law Society's Gazette, 15th October 2021

Source: www.lawgazette.co.uk

Court throws out wasted costs order bid against Baker McKenzie – Law Society’s Gazette

Posted October 13th, 2021 in costs, law firms, news, professional conduct, wasted costs orders by tracey

‘A High Court judge has opted against making a wasted costs order against global firm Baker McKenzie following an application from their litigation opponents.’

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Law Society's Gazette, 12th October 2021

Source: www.lawgazette.co.uk

Supreme Court backs claimants in QOCS set-off ruling – Legal Futures

‘The Supreme Court has held that defendants cannot set off opposing costs orders in cases covered by qualified one-way costs shifting (QOCS), in what has been hailed as a significant win for claimants.’

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Legal Futures, 6th October 2021

Source: www.legalfutures.co.uk

Housing disrepair claims and costs – Local Government Lawyer

Posted September 20th, 2021 in costs, housing, landlord & tenant, local government, news, repairs by tracey

‘Social landlords who do not challenge costs are potentially overpaying by tens of thousands of pounds in some of these matters. Alex Bagnall explains how they can secure significant reductions.’

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Local Government Lawyer, 17th September 2021

Source: www.localgovernmentlawyer.co.uk

Court rejects Slater and Gordon bid to end costs recovery cases – Law Society’s Gazette

Posted September 17th, 2021 in costs, damages, law firms, news, personal injuries, stay of proceedings by tracey

‘Lawyers chasing personal injury firms over the deductions from former clients’ damages have been handed a huge twin boost by the court.’

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Law Society's Gazette, 17th September 2021

Source: www.lawgazette.co.uk

Plans to extend fixed costs are ‘fraught with danger’ – Law Society’s Gazette

Posted September 13th, 2021 in costs, Ministry of Justice, news by tracey

‘Fixed recoverable costs are being expanded – and despite opposition from lawyers who accuse the government of “shoe-horning” cases into a simpler system, the government appears unlikely to budge.’

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Law Society's Gazette, 13th September 2021

Source: www.lawgazette.co.uk

Ministry of Justice to press ahead with fixed costs expansion – Legal Futures

‘The Ministry of Justice (MoJ) yesterday confirmed that it will implement Sir Rupert Jackson’s blueprint for fixed recoverable costs (FRC) across the fast-track and in most money cases worth up to £100,000.’

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Legal Futures, 7th September 2021

Source: www.legalfutures.co.uk

Late service charge demands and the importance of contemplating forfeiture for recovering legal costs – Nearly Legal

Posted September 6th, 2021 in appeals, costs, housing, landlord & tenant, leases, news, service charges by tracey

‘This was a second appeal to the Court of Appeal from the Upper Tribunal on two issues arising from long running litigation between the freeholder, West India Quay and the head lessee, East Tower Apartments (ETAL) on the arrangements for and charging for utilities for the residential parts of the building (a 33 storey tower, including a hotel). The initial proceedings brought by ETAL had gone through the FTT and the Upper Tribunal and had resulted in a significant reduction in charges. For our purposes, the relevant part of these decisions where that ‘Switch 2) – the utility provider – had levied “standing charges” (actually costs for reading meters and preparing bills) from 2008 onwards. The freeholder had included these charges in the utility charge to the lessee. The FTT had found that they were not recoverable, as there had never been “a contractually valid demand for them as service charges, and it was not open to the Landlord to “re-allocate” them as general service charge.”’

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Nearly Legal, 5th September 2021

Source: nearlylegal.co.uk

Litigation Friend appointments and costs – Local Government Lawyer

Posted August 27th, 2021 in costs, litigation friends, local government, news by tracey

‘The High Court has ordered that a Defendant is not liable for costs incurred arising from a dispute over who the Litigation Friend should be. Sean Linley reports.’

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Local Government Lawyer, 27th August 2021

Source: www.localgovernmentlawyer.co.uk

Private Prosecution Stayed as an Abuse of Process: Costs Recovered – 25 Bedford Row

‘The issue of recovering legal costs for a defendant who successfully applied to stay a private prosecution, on grounds of abuse of process, was considered and decided upon by the Court of Appeal (Criminal Division) in Muhammed Asif v Adil Iqbal Ditta and Noreen Riaz [2021] EWCA Crim 1091 (judgment 15th July 2021).’

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25 Bedford Row, 9th August 2021

Source: www.25bedfordrow.com

Claimant ‘unreasonable’ for not using portal on overvalued case – Law Society’s Gazette

Posted August 24th, 2021 in costs, electronic filing, news, personal injuries, valuation by sally

‘A costs judge has ruled that a claimant acted unreasonably in not using the portal for a claim that proved to be vastly overvalued.’

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Law Society's Gazette, 23rd August 2021

Source: www.lawgazette.co.uk

High Court uses new guideline rates ahead of formal introduction – Legal Futures

Posted August 24th, 2021 in civil justice, Civil Justice Council, costs, fees, news, solicitors by sally

‘The new guideline hourly rates (GHR) will not formally come into force until 1 October but the High Court yesterday took them into account when dealing with a summary assessment.’

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Legal Futures, 24th August 2021

Source: www.legalfutures.co.uk

Costs judge rejects “regrettable” overcharging allegations – Legal Futures

Posted August 23rd, 2021 in asylum, costs, fees, immigration, law firms, news, professional conduct, solicitors by tracey

‘A judge has rejected claims by the wife of a convicted Kazakh businessman that she was overcharged by a London law firm for her asylum application and described the allegations of misconduct she levelled as “regrettable”.’

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Legal Futures, 23rd August 2021

Source: www.legalfutures.co.uk

Judge right to consider “mystery” of who was funding law firm – Legal Futures

Posted August 19th, 2021 in contracts, costs, law firms, news by sally

‘A judge who had “no information at all” as to how the defence of a dormant law firm was being funded was right not to ignore the issue, appeal judges have ruled.’

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Legal Futures, 18th August 2021

Source: www.legalfutures.co.uk

Landlord ordered to pay more than £21,000 after council prosecutes him for unlicensed house in multiple occupation – Local Government Lawyer

Posted August 11th, 2021 in costs, fines, housing, landlord & tenant, licensing, local government, news by tracey

‘A private landlord operating an unlicensed and overcrowded property in Kensal Green has been told to pay more than £21,000 in fines and costs by Willesden Magistrates’ Court.’

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Local Government Lawyer, 10th August 2021

Source: www.localgovernmentlawyer.co.uk

DON’T LOOK NOW: Non-party costs orders and Goknur Gida Maddeleri Enerji Imalet Ithalat Ihracat Ticaret Ve Sanayi AS v Aytacli [2021] EWCA Civ 1037 – 3PB

Posted August 6th, 2021 in appeals, chambers articles, costs, news by sally

‘As Lord Justice Coulson warned at the start of his judgment in the recent Court of Appeal decision in Goknur Gida Maddeleri Enerji Imalet Ithalat Ihracat Ticaret Ve Sanayi AS v Aytacli [2021] EWCA Civ 1037:

“For those who believe that most civil litigation does not end up being about the costs that were incurred in pursuing that same litigation in the first place, look away now.”’

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3PB, 30th July 2021

Source: www.3pb.co.uk

High Court judge orders Liverpool City Council to reconsider refusal of indemnity for former elected mayor – Local Government Lawyer

Posted August 4th, 2021 in bribery, costs, indemnities, intimidation, local government, news, witnesses by sally

‘A High Court judge has told Liverpool City Council to revisit whether it should grant an indemnity to its former elected mayor Joe Anderson to defend criminal allegations.’

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Local Government Lawyer, 3rd August 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: CPRE Kent v Secretary of State for Communities and Local Government [2021] UKSC 36 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning whether a claimant in statutory and judicial review cases who is unsuccessful at the permission stage should be liable for the costs of multiple other parties, including respondents and interested parties.’

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UKSC Blog, 30th July 2021

Source: ukscblog.com

Civil Justice Council pushes ahead with guideline hourly rates changes – Legal Futures

Posted August 2nd, 2021 in civil justice, consultations, costs, fees, news by sally

‘The Civil Justice Council (CJC) working group charged with reviewing the guideline hourly rates (GHR) has doubled down on its interim recommendations following consultation.’

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Legal Futures, 2nd August 2021

Source: www.legalfutures.co.uk

High Court warns uncooperative parties against “litigation warfare” – Legal Futures

‘A High Court judge has warned against “litigation warfare” as he pleaded with the parties in a construction dispute to co-operate in the face of spiralling costs.’

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Legal Futures, 30th July 2021

Source: www.legalfutures.co.uk