Budget variation application failed promptness test, master rules – Litigation Futures

Posted April 15th, 2021 in budgets, civil procedure rules, costs, drafting, negligence, news by sally

‘A High Court master has sent out a strong message on the need to seek budget variations promptly after refusing a bid to increase two claimants’ budgets by £1.3m.’

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Litigation Futures, 13th April 2021

Source: www.litigationfutures.com

Proposed guideline hourly rates too low, lawyers argue – Litigation Futures

Posted April 7th, 2021 in costs, legal profession, news by sally

‘The review of the guideline hourly rates (GHR) has been widely criticised for only considering the costs judges have allowed, rather than what lawyers have claimed.’

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Litigation Futures, 6th April 2021

Source: www.litigationfutures.com

Court of Appeal urges Part 36 clarity after rejecting ‘not genuine’ offer – Law Society’s Gazette

Posted April 7th, 2021 in appeals, causation, costs, damages, news, part 36 offers, personal injuries by sally

‘The Court of Appeal has sent a firm message to litigators about the details required in a Part 36 after ruling that a claimant’s offer to settle at 90% was not genuine.’

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Law Society's Gazette, 7th April 2021

Source: www.lawgazette.co.uk

‘Not two sets of rules’: Litigant in person handed £100k costs bill – Law Society’s Gazette

Posted April 6th, 2021 in costs, indemnities, litigants in person, news by sally

‘A litigant in person has been ordered to pay almost £100,000 in interim costs after another reminder from the court that unrepresented people cannot expect special treatment.’

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Law Society's Gazette, 6th April 2021

Source: www.lawgazette.co.uk

Housing case law update – March 2021 – Local Government Lawyer

‘Paul Lloyd, Helen Gascoigne and Catherine Craven analyse the latest court rulings and Ombudsman investigations of interest to housing associations and local authorities.’

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Local Government Lawyers, 30th March 2021

Source: www.localgovernmentlawyer.co.uk

Costs in financial remedy cases: LM v DM (Costs Ruling) [2021] EWFC 28A short but important judgment Date:30 MAR 2021 – Family Law

Posted March 31st, 2021 in costs, family courts, financial provision, news, practice directions by tracey

‘A short but important judgment emphasising the costs consequence that a litigant may face if they have failed to negotiate openly and reasonably in the context of financial remedy proceedings was handed down by Mostyn J on 12 March 2021 in the case of LM v DM (Costs Ruling) [2021] EWFC 28.’

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Family Law, 30th March 2021

Source: www.familylaw.co.uk

Managing costs in complex children cases – Family Law

Posted March 31st, 2021 in child arrangements orders, costs, family courts, legal aid, news by tracey

‘In November 2020 Spice Girl Mel B was in the news, despairing about how the legal costs of trying to relocate her daughter Madison from the US to England were likely to bankrupt her, leading to her withdrawing her relocation application. The figure of $500,000 quoted included legal fees of $400,000 and $100,000 in accounting fees.’

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Family Law, 30th March 2021

Source: www.familylaw.co.uk

Accepting cap on damages deduction “equals informed consent” – Litigation Futures

Posted March 29th, 2021 in consent, costs, damages, fees, news, solicitors by tracey

‘A solicitor telling a client that they will deduct up to 25% of damages to cover costs not recovered in a low-value personal injury case amounts to informed consent, a regional costs judge has ruled.’

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Litigation Futures, 29th March 2021

Source: www.litigationfutures.com

Court can order solicitor to attend wasted costs cross-examination – Litigation Futures

Posted March 12th, 2021 in civil procedure rules, costs, courts, cross-examination, news, solicitors by sally

‘The court has the power to require a solicitor to attend court for cross-examination in respect of a wasted costs application, a High Court judge has ruled.’

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Litigation Futures, 11th March 2021

Source: www.litigationfutures.com

Landlord ordered to pay nearly £200,000 after unlawfully turning property into 13 flats – Local Government Lawyer

Posted March 9th, 2021 in confiscation, costs, enforcement notices, fines, landlord & tenant, news, planning by tracey

‘A landlord who turned a property in Walthamstow into 13 flats has been ordered to pay nearly £200,000 in fines, costs and a confiscation order.’

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Local Government Lawyer, 8th March 2021

Source: www.localgovernmentlawyer.co.uk

Leasehold miscellany – Nearly Legal

Posted March 8th, 2021 in appeals, costs, housing, landlord & tenant, leases, news, service charges, tribunals by tracey

‘Some brief notes on Upper Tribunal and Court of Appeal judgments on leasehold matters.’

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Nearly Legal, 6th March 2021

Source: nearlylegal.co.uk

Practice Direction 27A and its application to financial proceedings – 3PB

‘The courts are increasingly referring to PD 27A and the necessity for compliance.’

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3PB, 26th February 2021

Source: www.3pb.co.uk

Court of Appeal upholds rejection of CAAD appeal but rules Upper Tribunal did not have power to make costs order – Local Government Lawyer

Posted February 25th, 2021 in compulsory purchase, costs, local government, news, planning, tribunals by sally

‘The Upper Tribunal did not have the power to make a costs order in a dispute over a certificate of appropriate alternative development (CAAD), the Court of Appeal has found.’

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Local Government Lawyer, 25th February 2021

Source: www.localgovernmentlawyer.co.uk

£1m cost of advertising for claimants is not recoverable, judge rules – Law Society’s Gazette

‘Lawyers leading group litigation against British Airways have been told they cannot expect the defendant to pay the £1m costs of advertising for claimants if the action succeeds.’

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Law Society's Gazette, 8th February 2021

Source: www.lawgazette.co.uk

Court rules lawyers’ £1m advertising costs are not recoverable – Law Society’s Gazette

Posted February 8th, 2021 in advertising, airlines, case management, class actions, costs, law firms, news by tracey

‘Lawyers leading group litigation against British Airways have been told they cannot expect the defendant to pay the £1m costs of advertising for claimants if the action succeeds.’

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Law Society's Gazette, 8th February 2021

Source: www.lawgazette.co.uk

‘Vulnerability’ added to overriding objective and costs rules – Litigation Futures

‘Taking account of the vulnerability of parties and witnesses is to be added to the overriding objective as well as the factors used to determine the proportionality of costs.’

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Litigation Futures, February 2021

Source: www.litigationfutures.com

Case Preview: Protect Rural England (Kent) v Secretary of State for Communities and Local Government – UKSC Blog

Posted January 28th, 2021 in appeals, costs, government departments, local government, news, planning, Supreme Court by sally

‘On 28 January 2021 the Supreme Court will hear the appeal in Campaign to Protect Rural England (Kent) (Appellant) v. Secretary of State for Communities and Local Government (Respondent). The case concerns two issues. First, the extent to which a court can make an adverse costs order in favour of more than one defendant or interested party in a planning case, where permission to apply for statutory or judicial review is refused. Second, how the capping mechanism in the Aarhus Convention costs regime properly applies to cases in which permission is refused.’

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UKSC Blog, 27th January 2021

Source: ukscblog.com

Supreme Court to consider costs orders against regulators – Legal Futures

‘The Supreme Court is to consider whether costs should only be awarded against regulators in unsuccessful cases where there is good reason to make an order, it announced today [27 January].’

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Legal Futures, 27th January 2021

Source: www.legalfutures.co.uk

Solicitor fined for failing to disclose counsel’s opinions to ATE insurer – Litigation Futures

‘An experienced solicitor who failed to disclose two counsel’s opinions on a case to an after-the-event (ATE) insurer, one of them assessing chances of success at less than 50%, has been fined £8,000.’

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Litigation Futures, 27th January 2021

Source: www.litigationfutures.com

Senior Courts Costs Office Guide – the 2021 version is now available – Courts and Tribunals Judiciary

Posted January 25th, 2021 in codes of practice, costs, courts, reports by tracey

‘The latest version of the Senior Courts Costs Office Guide has been published.
This 2021 update hasn’t changed extensively from when it was last published in 2018, but reflects some fundamental changes in practice which occurred before COVID-19 and which have been increased as a result of it.’

Full guide

Courts and Tribunals Judiciary, 25th January 2021

Source: www.judiciary.uk