RSPCA warned on hunt prosecutions by charities watchdog – Daily Telegraph

Posted January 18th, 2013 in charities, Charity Commission, costs, hunting, news, prosecutions by tracey

“The RSPCA has been told by the charity watchdog that any decision to prosecute
hunts must be a ‘reasonable and effective use of the charity’s resources’.”

Full story

Daily Telegraph, 17th January 2013


Mainetti UK ordered to pay £81,600 over conveyor worker’s injuries – BBC News

Posted January 17th, 2013 in accidents, costs, fines, health & safety, news by sally

“A firm has been ordered to pay £81,600 after a worker was injured when her hair and scarf became tangled in machinery.”

Full story

BBC News, 17th January 2013


Recovery of costs in service charge disputes in the LVT – Tanfield Chambers

Posted January 17th, 2013 in costs, leases, news, tribunals, valuation by sally

“The LVT has no general power to award costs other than when an application is dismissed as frivolous or vexatious, or otherwise an abuse of process or a party has acted frivolously, vexatiously, abusively, disruptively or otherwise unreasonably in connection with the proceedings. In such circumstances the costs are capped at £500: para 10 of Sch 12 to the Commonhold and Leasehold Reform Act (‘CLRA’) 2002.”

Full story (PDF)

Tanfield Chambers, 8th January 2013


High Court wrestles with costs consequences after part 36 offers are accepted out of time – Litigation Futures

Posted January 10th, 2013 in costs, news, part 36 offers, time limits by sally

“Part 36 continues to trouble the courts, with two rulings recently involving parties seeking to overturn the usual costs consequences of accepting an offer after the usual 21 days.”

Full story

Litigation Futures, 10th January 2013


Defamation and privacy claimants will not have to pay other side’s costs, Government confirms – OUT-

Posted December 21st, 2012 in costs, defamation, insurance, news, privacy by tracey

“Members of the public faced with the prospect of bringing a claim for defamation
or breach of privacy against a large media organisation will in the future  be
protected against having to pay the other side’s costs if the case is lost, the
Government has announced.”

Full text, 20th December 2012


Judges should have extra support in litigation costs reforms, says expert –

Posted December 18th, 2012 in case management, costs, judiciary, news, prosecutions by sally

“OPINION: A seemingly attractive plan to make judges responsible for predicting the cost of court action is not the best way to encourage the accurate prediction of costs, but it is better than nothing.”

Full story, 17th December 2012


Brown-Quinn and another v Equity Syndicate Management Ltd and another – WLR Daily

Posted December 14th, 2012 in contracts, costs, fees, insurance, law reports, remuneration, solicitors by tracey

Brown-Quinn and another v Equity Syndicate Management Ltd and another: [2012] EWCA Civ 1633; [2012] WLR (D) 377

“A legal expenses insurer could seek to limit the level of costs and expenses payable under an insurance policy in respect of a solicitor’s services for which it was liable to the insured provided that the freedom to choose a lawyer guaranteed by Council Directive 87/344/EEC, as transposed into English law by regulation 6 of the Insurance Companies (Legal Expenses Insurance) Regulations 1990, was not rendered meaningless.”

WLR Daily, 12th December 2012


Insurers celebrate ruling on BTE non-panel rates – Litigation Futures

Posted December 14th, 2012 in costs, fees, insurance, news by tracey

“Legal expenses insurers have welcomed this week’s Court of Appeal ruling about the rates they have to pay non-panel firms.”

Full story

Litigation Futures, 14th December 2012


Injured feelings: Jackson reforms – Law Society’s Gazette

“Controversy still rages over whether the Jackson reforms are a coherent set of proposals that will rebalance a system where claims and costs are out of control, or if they represent an assault on access to justice for people whom ‘no win, no fee’ represents the only hope of redress for a wrong inflicted on them.”

Full story

Law Society’s Gazette, 13th December 2012


Light on Line Ltd v Zumtobel Lighting Ltd [2012] EWHC 3376 (QB); [2012] WLR (D) 373

Posted December 13th, 2012 in appeals, costs, documents, insurance, law reports, practice directions by sally

Light on Line Ltd v Zumtobel Lighting Ltd [2012] EWHC 3376 (QB); [2012] WLR (D) 373

“Service of a redacted insurance certificate as proof of “the amount of the premium paid or payable” in a claim for an additional liability on a detailed assessment of costs was sufficient to comply with paragraph 32.5(2)(c) of the Costs Practice Direction supplementing CPR Pts 43–48.”

WLR Daily, 29th November 2012


Phillips & Co (a firm) v Bath Housing Co-operative Ltd – WLR Daily

Posted December 12th, 2012 in civil justice, costs, law reports, legal profession, limitations, solicitors by sally

Phillips & Co (a firm) v Bath Housing Co-operative Ltd [2012] EWCA Civ 1591; [2012] WLR (D) 372

“A solicitors’ claim for costs, billed but not yet fixed by assessment or agreement, fell within the phrase ‘debt or other liquidated pecuniary claim’ in section 29(5)(a) of the Limitation Act 1980.”

WLR Daily, 11th December 2012


High Court overturns ruling striking out £60,000 ATE premium for redacted insurance certificate – Litigation Futures

Posted December 6th, 2012 in costs, insurance, news, striking out by sally

“The High Court has overturned a cost judge’s ruling that a redacted after-the-event (ATE) insurance certificate did not comply with the Costs Practice Direction (CPD) because it did not show what premiums would have been payable had the case concluded earlier than it did.”

Full story

Litigation Futures, 6th December 2012


Divorce battle lands pair with £1.3m legal bill – Daily Telegraph

Posted December 6th, 2012 in appeals, costs, divorce, news by sally

“A husband ran up a £500,000 legal bill in a bitter divorce dispute he could not afford, the High Court ruled.”

Full story

Daily Telegraph, 5th December 2012


Premier Models wins legal action against rogue booker – Daily Telegraph

Posted November 30th, 2012 in abuse of position of trust, costs, damages, fraud, news by tracey

“Premier Model Management Ltd, the former agency of Naomi Campbell, has today won its High Court legal action against male model turned booker John Bruce.”

Full story

Daily Telegraph, 29th November 2012


Confusion over JR clampdown – LegalVoice

“Lawyers are baffled by some parts of the government’s outline for judicial review reform, and warn that other parts could ‘endanger compliance with EU law’, writes Elizabeth Davidson.”

Full story

LegalVoice, 29th November 2012


Virgin Atlantic Airways Ltd v Jet Airways (India) Ltd and others; Zodiac Seats UK Ltd and another v Virgin Atlantic Airways Ltd; Premium Aircraft Interiors UK Ltd v Comptroller General of Patents, Designs and Trade Marks and another – WLR Daily

Virgin Atlantic Airways Ltd v Jet Airways (India) Ltd and others; Zodiac Seats UK Ltd and another v Virgin Atlantic Airways Ltd; Premium Aircraft Interiors UK Ltd v Comptroller General of Patents, Designs and Trade Marks and another [2012] EWHC 3318 (Pat); [2012] WLR (D) 349

“A party that referred the court to a term of an offer made by it pursuant to CPR Pt 36 waived its without prejudice privilege and could not prevent the remaining terms of the offer from being referred to the court.”

WLR Daily, 23rd November 2012


Down the rabbit-hole: costs, the Comms Act and the Competition Commission – Competition Bulletin from Blackstone Chambers

Posted November 27th, 2012 in competition, costs, news, tribunals by sally

“Where an appeal to the Tribunal under section 192 of the Communications Act 2003 gives rise to specified ‘price control matters’, the CAT must hive them off for determination by the Competition Commission: see section 193(1) and SI 2004/2068. The CAT is then bound by section 193(6) to follow the Commission’s determination, except ‘to the extent that the Tribunal decides, applying the principles applicable on an application for judicial review, that the determination of the Competition Commission is a determination that would fall to be set aside on such an application’: section 193(7).”

Full story

Competition Bulletin from Blackstone Chambers, 27th November 2012


Rich crooks net vast legal aid sums – BBC News

Posted November 26th, 2012 in assets recovery, budgets, confiscation, costs, drug offences, fraud, legal aid, news by sally

“Dozens of super-rich criminals – some worth tens of millions – have received vast sums in legal aid despite their illicit fortunes, an investigation has revealed.”

Full story

BBC News, 26th November 2012


Hollister Inc and another v Medix Ostomy Supplies Ltd – WLR Daily

Posted November 16th, 2012 in costs, law reports, patents, proportionality by tracey

Hollister Inc and another v Medix Ostomy Supplies Ltd: [2012] EWCA Civ 1419; [2012] WLR (D) 327

“When taking an account of costs on a normal basis under English law following infringement of a trade mark, the court was not required or permitted to assess damage caused to the claimant by the infringement nor to embark on a general inquiry into proportionality of the remedy nor to weigh factors which would point to a higher or a lower award. When the court calculated net profits it was not permissible for a defendant to allocate a proportion of its general overheads to an infringing activity.”

WLR Daily, 9th November 2012


Environmental and Planning Law Newsletter – Thirty Nine Essex Street

Posted November 14th, 2012 in costs, environmental protection, judicial review, news, planning, tribunals by sally

Environmental and Planning Law Newsletter (PDF)

Thirty Nine Essex Street, November 2012