‘Lawyers aren’t a charity’: Family judge awards £60k incurred costs – Law Society’s Gazette

Posted November 30th, 2020 in children, costs, families, family courts, financial provision, news by sally

‘The High Court has awarded five-figure costs midway through family litigation and made the point that the lawyers involved should not be expected to wait for payment.’

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Law Society's Gazette, 27th November 2020

Source: www.lawgazette.co.uk

Mirchandani v Lord Chancellor [2020] EWCA Civ 1260 – CrimeCast.Law

‘The case was concerned with a private prosecution for fraud offences, which had ultimately resulted in a £20 million confiscation order and £17 million compensation orders. The private prosecutor’s unsuccessful submissions against a third party in proceedings to enforce the confiscation order had led to the unusual spectacle of the Lord Chancellor intervening and persuading a High Court judge to reverse her decision on a jurisdictional question and set aside the order she had previously made. It prompted the Court of Appeal (Civil Division) to conduct a comprehensive review of the primary and secondary legislation and the authorities on private prosecutions, confiscation, costs and the sometimes blurred lines between criminal and civil proceedings.’

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CrimeCast.Law, 24th November 2020

Source: crimecast.law

A Costly Lesson? A discussion of the decision in Belsner v Cam Legal Services Limited [2020] EWHC 2755 (QB) – Parklane Plowden Chambers

‘Lavender J has held that solicitors cannot rely upon CPR 46.9(2) to recover more from a client than could have been recovered between parties in the proceedings, unless they can show that the client provided informed consent. The decision potentially has far-reaching consequences for the use of conditional fee agreements (“CFAs”).’

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Parklane Plowden Chambers, 20th November 2020

Source: www.parklaneplowden.co.uk

Harry Dunn’s family lose High Court battle against Foreign Office – Daily Telegraph

Posted November 24th, 2020 in costs, costs capping orders, dangerous driving, diplomats, immunity, news, treaties by sally

‘Harry Dunn’s parents have lost their High Court battle against the Foreign Office over whether their son’s alleged killer had diplomatic immunity.’

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Daily Telegraph, 24th November 2020

Source: www.telegraph.co.uk

Private prosecutor bringing High Court enforcement proceedings can claim costs from central funds (Mirchandani v Chancellor) – 5SAH

Posted November 19th, 2020 in confiscation, costs, enforcement, news, proceeds of crime, third parties by sally

‘The court held that a private prosecutor was entitled to recover their costs from central funds in relation to a High Court application for enforcement of a confiscation order. Such proceedings are “in respect of an indictable offence” for the purposes of section 17 of the Prosecution of Offences Act 1985 (POA 1985). The court also held that, where the private prosecutor, in the same proceedings, had been ordered to pay the costs of a third party (having unsuccessfully asserted that the third party had been in receipt of a tainted gift), then those costs were also recoverable from central funds. While the confiscation proceedings in question had arisen under the Criminal Justice Act 1988 (CJA 1988), the court held that the same principles would apply under the Proceeds of Crime Act 2002 (POCA 2002).’

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5SAH, 13th November 2020

Source: www.5sah.co.uk

CA: Judge was wrong not to order all of part 36 enhanced awards – Litigation Futures

Posted November 18th, 2020 in appeals, costs, indemnities, interest, news, part 36 offers, telecommunications by sally

‘Making one of the four enhanced awards of beating a part 36 offer does not “in any way” undermine or lessen entitlement to the others, the Court of Appeal has ruled.’

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Litigation Futures, 18th November 2020

Source: www.litigationfutures.com

High Court overturns “flawed” SDT decision to clear solicitor – Legal Futures

Posted November 17th, 2020 in costs, fraud, news, solicitors, Solicitors Regulation Authority, tribunals by sally

‘The Solicitors Disciplinary Tribunal (SDT) “fell into serious error” in finding no case to answer against a solicitor accused of making a fraudulent costs claim, the High Court has ruled.’

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Legal Futures, 17th November 2020

Source: www.legalfutures.co.uk

Costs and proceedings – Law Society’s Gazette

‘Recent changes to the Family Procedure Rules (FPR) 2010 and views expressed from the bench mean that there has been an increased emphasis upon parties making open offers and seeking to narrow the issues in financial remedy proceedings. Not since the long-lamented demise of Calderbank letters have there been so many cases with clear warnings about costs.’

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Law Society's Gazette, 16th November 2020

Source: www.lawgazette.co.uk

Belsner v Cam Legal Services: An important clarification – What information a solicitor should provide to a client concerning likely costs that may be recovered from the opponent – Hardwicke Chambers

Posted November 10th, 2020 in consent, costs, fees, news, personal injuries, small claims, solicitors by sally

‘The High Court has handed down judgment in Belsner v Cam Legal Services which provides important clarification in respect of what information a solicitor should provide to a client in relation to the likely costs that might be recovered from the opponent.’

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Hardwicke Chambers, 16th October 2020

Source: hardwicke.co.uk

Court of Appeal refuses permission to appeal Swift v Carpenter – Litigation Futures

‘The Court of Appeal has refused permission to appeal Swift v Carpenter, its recent decision that replaced the Roberts v Johnstone formula for calculating accommodation claims by injured people.’

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Litigation Futures, 6th November 2020

Source: www.litigationfutures.com

Court: “No need for City lawyer” in professional executor tussle – Legal Futures

Posted November 4th, 2020 in budgets, costs, executors, fees, news, probate, wills by tracey

‘The High Court has ruled that there was no need for a more expensive City lawyer to be appointed a professional executor in preference to one from the Home Counties in a straightforward probate.’

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Legal Futures, 4th November 2020

Source: www.legalfutures.co.uk

New Developments in Cost Budgeting – 4 New Square

Posted October 29th, 2020 in budgets, civil procedure rules, costs, news, practice directions by sally

‘Ben Williams QC, Rob Marven QC and Benjie Fowler consider the changes to cost budgeting introduced in October 2020.’

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4 New Square, 7th October 2020

Source: www.4newsquare.com

The costs of freezing order applications – Littleton Chambers

Posted October 28th, 2020 in chambers articles, costs, freezing injunctions, injunctions, news by sally

‘The question of what costs order should follow the grant of interim injunctive relief is of obvious practical significance to parties. While costs will generally be awarded against the applicant if interim relief is refused, the costs position after a grant of relief is far less predictable. Cases can be found where judges have made costs orders against respondents, or where costs issues have been deferred until trial. Most turn on their own facts and procedural histories.’

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Littleton Chambers, 21st October 2020

Source: littletonchambers.com

Belsner v Cam Legal Services Ltd – Hailsham Chambers

‘In Belsner v Cam Legal Services Ltd [2020] EWHC 2755, Lavender J (“the Judge”) has held that a client (“C”) did not give informed consent to the recovery from her of a sum by her solicitors (“solicitor”) over and above the costs recovered from the defendant in litigation (“D”). As a result, the solicitors were limited to the fixed costs which they recovered from D.’

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Hailsham Chambers, 23rd October 2020

Source: www.hailshamchambers.com

Tilting at Windfalls: Swift v Carpenter and Accommodation Capital Costs – Henderson Chambers

Posted October 28th, 2020 in accidents, appeals, chambers articles, compensation, costs, housing, news, personal injuries by sally

‘In a long-awaited judgment, the Court of Appeal in Swift v Carpenter [2020] EWCA Civ 1295 has ruled on the quantum of the award for additional capital cost of new accommodation following an accident in an age of negative discount rate. How is it now calculated? When does the formula apply?’

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Henderson Chambers, 12th October 2020

Source: www.hendersonchambers.co.uk

Mirchandani– some good news for Private Prosecutors – 2 Hare Court

Posted October 27th, 2020 in confiscation, costs, news, private prosecutions by sally

‘It is well established that private prosecutors may pursue confiscation proceedings in the Crown Court and that confiscation proceedings, as part of the sentencing process, are properly classified as part of the criminal proceedings. As such, if successful, a private prosecutor can expect to recover from central funds costs incurred in such proceedings, under s.17 of the Prosecution of Offences Act 1985, which, as amended, provides that a court may award such costs in “any” proceedings “in respect of an indictable offence”; and, in any proceedings before a Divisional Court of the QBD or the Supreme Court “in respect of a summary offence”.’

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2 Hare Court, 13th October 2020

Source: www.2harecourt.com

Taking a Cut? Reflections on Belsner v Cam Legal Services Ltd – 4 New Square

Posted October 27th, 2020 in costs, damages, news, personal injuries, solicitors by sally

‘The latest case on solicitors deducting costs from damages in fixed costs cases is causing a stir, but Rob Marven QC and Ben Williams QC of 4 New Square argue that it is a decision on unusual facts, and that some key issues went unexplored.’

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4 New Square, 22nd October 2020

Source: www.4newsquare.com

SRA slapped with costs order over failed prosecution – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has taken the unusual step of making a costs order against the Solicitors Regulation Authority (SRA) for the “grave errors” it made in a case it eventually had to withdraw.’

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Legal Futures, 22nd October 2020

Source: www.legalfutures.co.uk

Financial Remedy: OG v AG [2020] EWFC 52: Value of a business, Covid, Brexit and Beyond – Becket Chambers

‘During these troubled times, when a reliable crystal ball would be helpful, the case of OC v AG [2020] EWFC 52 in which judgement was handed down on the 29th of July 2020, is of interest.’

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Becket Chambers, 2nd October 2020

Source: becket-chambers.co.uk

Court orders costs repayment after client did not consent to deduction – Law Society’s Gazette

‘Fee-recovery lawyers say millions of clients could stand to benefit from a court judgment which reduced legal fees deducted from compensation.’

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Law Society's Gazette, 19th October 2020

Source: www.lawgazette.co.uk