Exclusive: Jackson “moving away” from £250,000 upper limit for fixed-cost cases – Litigation Futures

Posted May 23rd, 2017 in costs, negligence, news, personal injuries, reports by tracey

‘A widespread consensus has emerged that Lord Justice Jackson is backing away from extending fixed recoverable costs to cases worth up to £250,000, Litigation Futures can report – although what level he is now looking at is unknown.’

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Litigation Futures, 23rd may 2017

Source: www.litigationfutures.com

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Co-op fined for wet floor slip death in Truro shop – BBC News

Posted May 22nd, 2017 in accidents, costs, fines, health & safety, news by tracey

‘The Co-op has been fined £400,000 over the death of a man who slipped on water leaking from a faulty sandwich chiller.’

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BBC News, 22nd May 2017

Source: www.bbc.co.uk

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Court criticises party for ‘completely unrealistic’ view of other side’s costs – OUT-LAW.com

Posted May 19th, 2017 in budgets, case management, costs, news, proportionality by tracey

‘A High Court judge has accused costs lawyers of “abuse of the cost budgeting process” following an “unjustifiably low” estimate of the other side’s costs.’

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OUT-LAW.com, 18th May 2017

Source: www.out-law.com

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Unreasonable Behaviour – Costs on the Small Claims Track – Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269 – Zenith PI Blog

Posted May 18th, 2017 in appeals, costs, news, personal injuries, small claims by tracey

‘In 2002, Mr. Dammermann entered into a mortgage with a bank. He defaulted on that mortgage and LPA receivers were appointed. The receivers appointed Lanyon Bowdler to conduct the sale of the property. On sale of the property Lanyon rendered a bill to the receivers that was paid and became part of the secured liability. Mr. Dammermann issued proceedings contesting the legal fees charged.’

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Zenith PI Blog, 17th May 2017

Source: www.zenithpi.wordpress.com

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Stage 1 Costs Do Not Need To Be Repaid – JC and A Solicitors v Iqbal (1) EUI (2) [2017] EWCA Civ 355 – Zenith PI Blog

Posted May 18th, 2017 in appeals, costs, insurance, news, personal injuries, repayment by tracey

‘This case concerned the issue of whether or not claimants (or their solicitors) should be obliged to repay Stage 1 costs of £400 + VAT (under the “old” Portal rules) in claims which did not then proceed to Stage 2.’

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Zenith PI Blog, 16th May 2017

Source: www.zenithpi.wordpress.com

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Claimant delight as court rejects repayment of £400 fixed costs – Law Society’s Gazette

Posted May 18th, 2017 in appeals, costs, insurance, news, personal injuries, repayment by tracey

‘The Court of Appeal has ruled that solicitors should be able to claim protocol costs for claims which did not go beyond the first stage.’

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Law Society’s Gazette, 16th May 2017

Source: www.lawgazette.co.uk

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Court of Appeal backs claimant solicitors in “£400 club” case – Litigation Futures

‘Solicitors who received the £400 stage 1 fixed-costs payment due under the original version of the RTA protocol do not have to repay the money even though no action was then taken on their cases, the Court of Appeal has ruled.’

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Litigation Futures, 16th May 2017

Source: www.litigationfutures.com

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Low-Budget Litigation – Not Necessarily A Good Thing – Parties Should Not Treat Costs Budgeting As Some Sort of Game – Zenith PI Blog

Posted May 16th, 2017 in budgets, civil justice, costs, news, solicitors by sally

‘It is far from unknown, in my own experience of costs management hearings, for a party which does not expect to recover any costs (for example, a defendant in a case where liability has been admitted) to serve a very low costs budget.’

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Zenith PI Blog, 16th May 2017

Source: www.zenithpi.wordpress.com

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“This is not a game” – High Court warns party that countered claimant’s budget with very low figures – Litigation Futures

Posted May 16th, 2017 in budgets, case management, costs, news by sally

‘A defendant who offered very low sums in their budget discussion report in the hope that the court may compromise in the middle of the polarised figures put forward by the two sides is guilty of “an abuse of the cost budgeting process”, a High Court judge has ruled.’

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Litigation Futures, 15th May 2017

Source: www.litigationfutures.com

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Civil procedure: Unreasonable conduct and costs – Law Society’s Gazette

Posted May 15th, 2017 in appeals, civil procedure rules, costs, news, small claims by sally

‘It is trite that a court will carefully scrutinise the parties’ behaviour when assessing costs in civil disputes. There is now a rich body of case law which provides judicial guidance on the courts’ general approach in assessing unreasonable behaviour when considering whether to make adverse costs orders. Further judicial guidance on assessing unreasonable behaviour has recently been given by the Court of Appeal in Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269. In that case the court provided important guidance on the ‘unreasonable behaviour’ test for ordering costs in the small claims court.’

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Law Society’s Gazette, 15th May 2017

Source: www.lawgazette.co.uk

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Judge accepts “material change” argument in increasing security for costs – Litigation Futures

Posted May 15th, 2017 in costs, indemnities, news by sally

‘The High Court has agreed to order a claimant to pay additional security for costs, even though the ‘material change’ in circumstances behind the defendant’s application were known to the judge who made the original order.’

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Litigation Futures, 15th May 2017

Source: www.litigationfuture.com

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Fixed-cost plans for clinical negligence “will prevent many cases being brought”, CJC warns – Litigation Futures

‘Government plans to impose fixed costs on clinical negligence cases worth up to £25,000 “will prevent many cases being brought”, the Civil Justice Council (CJC) has warned.’

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Litigation Futures, 11th May 2017

Source: www.litigationfutures.com

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Insurer loses bid to appeal indemnity costs issue in unusual case where expert agreed to cover its costs – Litigation Futures

Posted May 9th, 2017 in appeals, costs, expert witnesses, indemnities, insurance, news by tracey

‘An insurer has failed to convince a judge that a medical expert who agreed to cover its costs in a whiplash case should be ordered to pay on the indemnity basis.’

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Litigation Futures, 9th May 2017

Source: www.litigationfutures.com

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High Court upholds decision to disapply QOCS in ‘mixed’ claim – Litigation Futures

Posted May 9th, 2017 in civil procedure rules, costs, news, personal injuries by tracey

‘The High Court has upheld a ruling that disapplied qualified one-way costs-shifting (QOCS) under the little-used exception relating to “mixed” claims, and in what is said to be the first case of its type, where the personal injury (PI) element was found to be a relatively minor part of the wider claim.’

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Litigation Futures, 9th May 2017

Source: www.litigationfutures.com

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Defendant told to pay £100k legal costs to council over harassment campaign – Local Government Lawyer

Posted May 8th, 2017 in costs, harassment, news by sally

‘A man has been ordered to pay Hertsmere Borough Council £100,000 in legal costs after he conducted a long campaign of harassment against councillors and officers.’

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Local Government Lawyer, 4th May 2017

Source: www.localgovernmentlawyer.co.uk

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BBC attacks Sir Cliff Richard’s ‘grossly unreasonable’ spending on lawyers in his fight for damages against them – Daily Telegraph

Posted May 5th, 2017 in BBC, costs, damages, defamation, news, proportionality by tracey

‘BBC bosses say Sir Cliff Richard has spent “grossly unreasonable” amounts on lawyers after complaining about reports naming him as a suspected sex offender and taking legal action.’

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Daily Telegraph, 4th May 2017

Source: www.telegraph.co.uk

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APIL pushes for “predictable claim process” for fixed cost clinical negligence cases – Litigation Futures

Posted May 3rd, 2017 in costs, government departments, negligence, news, personal injuries by tracey

‘The Association of Personal Injury Lawyers (APIL) has called for a “predictable claim process” for clinical negligence actions if the government goes ahead with its plan to impose fixed costs for cases worth up to £25,000.’

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Litigation futures, 2nd May 2017

Source: www.litigationfutures.com

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Campaigners to crowd fund judicial review of partial hospital closure – Local Government Lawyer

Posted April 27th, 2017 in consultations, costs, hospitals, judicial review, legal aid, news by sally

‘A crowdfunding campaign to judicially review a partial hospital closure in Devon has won backing from Honition Town Council’

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Local Government Lawyer, 26th April 2017

Source: www.localgovernmentlawyer.co.uk

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Farm worker caught on camera brutally attacking newborn calf blames violence on break-up from girlfriend – Daily Telegraph

‘A young farm worker who threw a newborn calf to the floor and repeatedly stamped on it before kicking its mother in the head blamed his behaviour on breaking up with his girlfriend months earlier.’

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Daily Telegraph, 26th April 2017

Source: www.telegraph.co.uk

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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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