Follow the money… – NearlyLegal

Posted August 6th, 2012 in costs, damages, freezing injunctions, landlord & tenant, news, sentencing by sally

“The difficulties in many cases against private landlords, not least unlawful eviction cases, do not end with trial and judgment. Realising damages and costs awards can be a fraught,complex and time consuming matter. This case is a prime example. It is a lengthy tale, but sadly not untypical in its twists and turns. It is also a useful case on quantum for unlawful eviction.”

Full story

NearlyLegal, 2nd August 2012

Source: www.nearlylegal.co.uk

The Issue of Costs following the Supreme Court Decision in T (Children) – ‘Not about the money?’ – Family Law Week

Posted August 2nd, 2012 in appeals, children, costs, grandparents, local government, news by sally

“Dorothea Gartland, barrister, 4 Paper Buildings and Penny Logan, principal lawyer, Cafcass, consider the lessons to be learned from T (Children).”

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Family Law Week, 1st August 2012

Source: www.familylawweek.com

LSC to face judicial review over report costs – Law Society’s Gazette

Posted August 2nd, 2012 in costs, expert witnesses, judicial review, legal aid, legal services, news by sally

“The Law Society is to challenge by judicial review a Legal Services Commission decision to meet just one-third of the costs of an expert witness report ordered by a county court on behalf of a child.”

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Law Society’s Gazette, 2nd August 2012

Source: www.lawgazette.co.uk

Tetra Pak heir Hans Rausing avoids jail over failing to bury wife Eva – The Independent

“Hans Rausing, one of Britain’s richest men, avoided a jail sentence today after he admitted preventing the lawful and decent burial of his wife Eva’s body.”

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The Independent, 1st August 2012

Source: www.independent.co.uk

Supreme Court decides: Liability of a local authority to pay the costs of a party to care proceedings – Hardwicke Chambers

Posted July 27th, 2012 in care orders, costs, grandparents, news, third parties by sally

“The Supreme Court has today delivered its Judgment in the case of T (children) [2012] UKSC 36 concerning the liability of a local authority to pay the costs of a party to care proceedings.”

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Hardwicke Chambers, 25th July 2012

Source: www.hardwicke.co.uk

Third Party Costs Orders against Solicitors – 4 New Square

Posted July 27th, 2012 in costs, fees, news, solicitors, third parties by sally

“This article discusses the rise in applications against solicitors for third party costs orders, where solicitors have acted on conditional fee agreements and may be said to have funded or controlled litigation.”

Full story (PDF)

4 New Square, 25th July 2012

Source: www.4newsquare.com

In re T (Children) (Care Proceedings: Costs) – WLR Daily

Posted July 27th, 2012 in care orders, children, costs, grandparents, law reports by sally

In re T (Children) (Care Proceedings: Costs) [2012] UKSC 36; [2012] WLR (D) 223

“A local authority should not be liable in care proceedings for the costs of interveners against whom allegations had been reasonably made but which had been held by the court to be unfounded.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

Leeds United win high court ruling over police costs at Elland Road – The Guardian

Posted July 24th, 2012 in costs, news, police, sport by tracey

“Leeds United have won their high court action over who should pay for policing of matches at Elland Road. The Championship side asked for a decision on which of the services deployed by West Yorkshire Police for the last three seasons were special police services, and whether it was entitled to be repaid for services wrongly categorised.”

Full story

The Guardian, 24th July 2012

Source: www.guardian.co.uk

Benefit fraud Lottery winner Edward Putman jailed – The Independent

Posted July 24th, 2012 in benefits, costs, fraud, news, sentencing by tracey

” A convicted rapist who won nearly £5 million on the lottery but continued to fraudulently claim benefits has been jailed for nine months.”

Full story

The Independent, 24th July 2012

Source: www.independent.co.uk

Hawksford Trustees Jersey Ltd (as trustee of the Bald Eagle Trust) v Stella Global UK Ltd and another – WLR Daily

Posted July 23rd, 2012 in appeals, costs, insurance, law reports, taxation, trials by tracey

Hawksford Trustees Jersey Ltd (as trustee of the Bald Eagle Trust) v Stella Global UK Ltd and another: [2012] EWCA Civ 987;  [2012] WLR (D)  216

“References to ‘proceedings’ in section 29 of the Access to Justice Act 1999 should be interpreted so as to reflect the legislative purpose, namely to improve access to the courts for members of the public with meritorious claims. Where a claimant took out ATE insurance after having succeeded at trial he would be entitled if successful in the appeal to recover in costs that part of the ATE premium relating to the costs of the appeal, but it would be unfair to allow him to recover in costs that part of the premium which related to the costs of the trial.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk

Probation officer ‘had affair with convicted murderer’ – Daily Telegraph

“Female probation officer has affair with convicted murderer after his release from prison and tips him off that he was going to be recalled for a further offence, a court hears.”

Full story

Daily Telegraph, 20th July 2012

Source: www.telegraph.co.uk

UK Coal fined over miner Ian Cameron’s death – BBC News

Posted July 18th, 2012 in costs, guilty pleas, health & safety, industrial injuries, news by tracey

“UK Coal has been fined £200,000 after it pleaded guilty to health and safety breaches over the death of a miner at a North Yorkshire pit.”

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BBC News, 18th July 2012

Source: www.bbc.co.uk

Environmental and Planning Newsletter – Thirty Nine Essex Street

Posted July 17th, 2012 in costs, EC law, environmental protection, news by sally

Environmental and Planning Newsletter (PDF)

Thirty Nine Essex Street, July 2012

Source: www.39essex.com

A Local Authority v DS – An invitation to judicially review the Legal Services Commission? – Family Law Week

Posted July 11th, 2012 in costs, evidence, expert witnesses, families, news by tracey

“Chris McWatters and Sharon Love, barristers, of Garden Court Chambers consider the implications of the President’s Guidance on seeking prior approval of the LSC to adduce expert evidence in family proceedings.”

Full story

Family Law Week, 10th July 2012

Source: www.familylawweek.co.uk

High court slams means-test delays – Law Society’s Gazette

Posted July 4th, 2012 in costs, courts, delay, legal aid, news, time limits by sally

“The High Court has condemned the current system of means testing in magistrates’ court and called on the Ministry of Justice to take urgent action to cut ‘unacceptable’ delays.”

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Law Society’s Gazette, 3rd July 2012

Source: www.lawgazette.co.uk

Beware Part 36 – Hardwicke Chambers

Posted July 3rd, 2012 in costs, news, part 36 offers by sally

“Although the heading to this article ought to be unnecessary, it is plain from recent judgments both in the High Court and the Court of Appeal that insufficient attention is being paid to the Part 36 regime by parties wishing to settle their differences.”

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Hardwicke Chambers, 28th June 2012

Source: www.hardwicke.co.uk

Do you have to Mediate a Professional Negligence Claim? – Hardwicke Chambers

Posted July 3rd, 2012 in arbitration, costs, negligence, news by sally

“Under the still claimant-friendly CFA costs regime, a claimant who has a weak claim against a professional still stands a good chance of recovery if the case is well managed: follow the Protocol; keep costs down; then offer mediation pre-issue with the threat of an ATE if there is no settlement. In this frequent scenario it takes a tough insurer to withstand the pressure to pay some of its notional defence costs to the claimant just to make the case go away.”

Full story

Hardwicke Chambers, 28th June 2012

Source: www.hardwicke.co.uk

Domestic and Personal Injury Newsletter – Thirty Nine Essex Street

Domestic and Personal Injury Newsletter (PDF)

Thirty Nine Essex Street, June 2012

Source: www.39essex.com

Finance Divorce Update – Family Law Week

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the latest financial remedies and divorce news and cases.”

Full story

Family Law Week, June 2012

Source: www.familylawweek.com

Progress report on Lord Justice Jackson’s civil justice reforms – Law Society’s Gazette

Posted June 28th, 2012 in civil justice, costs, news by sally

“In public, Sir Rupert Jackson (pictured) is circumspect about the government’s implementation of civil justice reforms based on his report. In private, he could be forgiven for feeling disappointment over the execution of changes to which he has lent his name.”

Full story

Law Society’s Gazette, 28th June 2012

Source: www.lawgazette.co.uk