Beware the overriding objective! – New Law Journal
“Dominic Regan calls attention to the revised CPR 1.”
New Law Journal, 22nd July 2013
Source: www.newlawjournal.co.uk
Category: costs
Leylandii row: man wins appeal after spraying hedge-cutting neighbour with hosepipe – Daily Telegraph
“A man who sprayed water in the face of his neighbour as she trimmed a Leylandii hedge has had a conviction of battery overturned on appeal after a judge ruled it was an accident.”
Daily Telegraph, 22nd July 2013
Source: www.telegraph.co.uk
Kaneria lifetime ban upheld – Sports Law Bulletin from Blackstone Chambers
“The Appeal Panel of the Cricket Discipline Commissions of the ECB has published its decision upholding the lifetime ban on former Pakistan international spin bowler, Danish Kaneria, from any involvement in the playing, organisation or administration of cricket under the jurisdiction of the ECB. The Pakistan Cricket Board has acknowledged the decision, and so the impact of the suspension is that Kaneria will remain banned for life from involvement in professional cricket.”
Sports Law Bulletin from Blackstone Chambers, 19th July 2013
Source: www.sportslawbulletin.org
Council wins right to sell family assets to pay care bill – Daily Telegraph
“A local authority has won the right to sell off family heirlooms, including a £30,000 Lucien Pissarro painting, to pay for an elderly man’s care bills.”
Daily Telegraph, 19th July 2013
Source: www.telegraph.co.uk
Francis inquiry into Stafford Hospital cost government £6m – BBC News
“The government spent £6m on submitting evidence to the Francis inquiry into Stafford Hospital failings, Health Secretary Jeremy Hunt has revealed.”
BBC News, 18th July 2013
Source: www.bbc.co.uk
Judicial review of FTT in UT: what costs rule applies? – Education Law Blog
“In R (LR) v FTT [2013] UKUT 0294 (AAC) the parents and local authority had settled an appeal against a statement of special educational needs and entered into a consent order. The local authority subsequently sought to re-open the tribunal’s approval of that order and, following a review, the FTT set it aside.”
Education Law Blog, 9th July 2013
Source: www.education11kbw.com
Woman won harrassment case against ‘bullying bank’ – Daily Telegraph
“A woman has won a case of harassment against her bank after she was plagued by more than 500 calls for missing a single loan payment.”
Daily Telegraph, 8th July 2013
Source: www.telegraph.co.uk
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Quick, intuitive thinking drives decisions on whether to use a lawyer – Legal Services Board
“The Legal Services Board publishes today three reports which together deliver new insight into consumers’ behaviour when deciding whether or not to seek legal advice and into the proportionality of regulation.”
Full story (PDF)
Legal services Board, 3rd July 2013
Source: www.legalservicesboard.org.uk
Getting active! – New Law Journal
“HH Simon Brown QC continues his exclusive NLJ online series on costs management post-Jackson.”
New Law Journal, 2nd July 2013
Source: www.newlawjournal.co.uk
Specialist courts under microscope on costs budgeting – Law Society’s Gazette
“Exempting mandatory costs budgeting for claims in excess of £2m may be ‘unnecessary and inappropriate’, a newly established sub-group of the Civil Procedure Rule committee has suggested.”
Law Society’s Gazette, 1st July 2013
Source: www.lawgazette.co.uk
Bath hotel firm fined over unsafe window cleaner – BBC News
“A restaurant and hotel firm has been fined £15,000 after a window cleaner was
filmed balancing precariously on a ledge outside one of its buildings.”
BBC News, 28th June 2013
Source: www.bbc.co.uk
Phone hacking: Go-ahead for Brooks and Coulson cases – BBC News
“Five former News of the World staff members, including ex-editors Rebekah Brooks
and Andy Coulson, have lost a legal attempt to block their prosecution on phone
hacking charges.”
BBC News, 28th June 2013
Source: www.bbc.co.uk
Judges look again at £2m claims exemption – Law Society’s Gazette
“Exempting mandatory costs budgeting for claims in excess of £2m may be ‘unnecessary and inappropriate’, a newly established sub-group of the Civil Procedure Rule committee has suggested.”
Law Society’s Gazette, 26th June 2013
Source: www.lawgazette.co.uk
Costs budgets- revisions and indemnity costs – 4 New Square
“On 14 June 2013 in Elvanite Full Circle Ltd v AMEC Earth & Environmental (UK) Ltd [2013] EWHC 1643 (TCC) Mr Justice Coulson handed down another important judgment on the application of the new costs management rules (in CPR r.3.15- r.3.18), albeit his decision relates to the Costs Management in Mercantile Courts and Technology and Construction Courts – Pilot Scheme (‘PD 51G’). In particular, Coulson J considered (i) the impact of an order for costs on the indemnity basis; (ii) what a party needs to do to seek approval of a revised costs budget; (iii) when a party should make an application for such approval; and (iv) what test the court applies on such an application. Coulson J’s findings are highlighted in bold below.”
Full story (PDF)
4 New Square, 25th June 2013
Source: www.4newsquare.com
Rule 25.1 and the President’s Guidance in H-L – A ‘necessary’ evil? – Family Law Week
“Christopher Rank, barrister, of Cornwall Street Chambers considers expert evidence, rule 25.1 of the FPR and The President’s recent guidance in Re H-L (A Child).”
Family Law Week, 23rd June 2013
Source: www.familylawweek.co.uk
‘Good lawyers save money’: Supreme Court President weighs in on Legal Aid – UK Human Rights Blog
“According to the President of the Supreme Court, the judiciary not only has a right but an obligation ‘to speak out on matters concerning the rule of law.’ In recent months, it is a duty from which Lord Neuberger has not shirked, and last night’s lecture to the Institute of Government was no exception. Its focus was the importance of legal aid, which Neuberger described through the prism of the UK’s constitutional set-up and the respective roles of the legislature, executive and judiciary within it.”
UK Human Rights Blog, 19th June 2013
Source: www.ukhumanrightsblog.com
FCA fines rogue property trader nearly £1m – The Guardian
“The operator of a property scheme who misled vulnerable customers to make money from the sale of their homes has been fined almost £1m by the City regulator and banned from working in the financial services industry.”
The Guardian, 19th June 2013
Source: www.guardian.co.uk
Judges and Policy: A Delicate Balance – Speech by Lord Neuberger
Judges and Policy: A Delicate Balance (PDF)
Speech by Lord Neuberger
Institute for Government, 18th June 2013
Source: www.supremecourt.gov.uk
Infrastructure Cost Review highlights important new efficiency initiatives, says expert – OUT-LAW.com
“A Government-backed efficiency report seeks to answer some of the criticisms of national infrastructure policy, while highlighting some important new initiatives, an expert has said.”
OUT-LAW.com, 18th June 2013
Source: www.out-law.com
The test to be applied for ordering deposits Spring v First Capital East Ltd – No. 5 Chambers
“Although usually sought by employers, either party may apply to a tribunal for an order that the other party pay a deposit as a condition of continuing to argue a particular matter if the tribunal is satisfied that the contentions put forward by that party have ‘little reasonable prospects of success’: Rule 20(1) of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004.”
No. 5 Chambers, 6th June 2013
Source: www.no5.com
