F & C Alternative Investments (Holdings) Ltd and others v Barthelemy and another (No 3) – WLR Daily

Posted June 26th, 2012 in appeals, costs, law reports, part 36 offers by sally

F & C Alternative Investments (Holdings) Ltd and others v Barthelemy and another (No 3) [2012] EWCA Civ 843; [2012] WLR (D) 183

“Where an offer to settle proceedings had been made which was neither in substance nor in form compliant with Part 36, it was wrong in principle to take as directly analogous, and as applicable, the potential costs consequences had it been a Part 36 offer.”

WLR Daily, 22nd June 2012

Source: www.iclr.co.uk

Cost disputes set to soar post-Jackson, survey predicts – Law Society’s Gazette

Posted June 25th, 2012 in costs, legal aid, legal representation, news by sally

“Costs disputes between solicitors and their clients will become more common once the Jackson reforms are implemented, according to a survey of specialist costs lawyers published today.”

Full story

Law Society’s Gazette, 25th June 2012

Source: www.lawgazette.co.uk

Lawyers seizing lion’s share of payouts in NHS negligence cases – Daily Telegraph

“Lawyers who sue the NHS in medical negligence cases are earning from the state up to 30 times the amount their clients win in damages, it can be disclosed.”

Full story

Daily Telegraph, 25th June 2012

Source: www.telegraph.co.uk

Article on Henry v News Group Newspapers Ltd – 4 New Square

Posted June 7th, 2012 in costs, defamation, news, practice directions by sally

“From 1 October 2011 to 30 September 2012 the Royal Courts of Justice and the District Registry at Manchester are operating a pilot scheme for Costs Management in Defamation Proceedings (‘the Defamation Proceedings Costs Management Scheme’), as contained in Practice Direction 51D to Part 51 of the Civil Procedure Rules. This scheme provides detailed rules for costs management, including the provision and approval of costs budgets, and is indicative of the approach propounded by Lord Justice Jackson in his Final Report on Civil Litigation Costs.”

Full story (PDF)

4 New Square, 31st May 2012

Source: www.4newsquare.com

Finance & Divorce May 2012 Update – Family Law Week

Posted June 7th, 2012 in bankruptcy, costs, divorce, financial provision, marriage, news by sally

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

Full story

Family Law Week, 6th June 2012

Source: www.familylawweek.com

AL (Albania) v Secretary for State the Home Department; FN (Gambia) v Same; DN(Bangladesh) v Same – WLR Daily

Posted June 1st, 2012 in appeals, civil procedure rules, costs, immigration, law reports by tracey

AL (Albania) v Secretary for State the Home Department; FN (Gambia) v Same; DN(Bangladesh) v Same: [2012] EWCA Civ 710;   [2012] WLR (D)  16

“In statutory appeals to the Court of Appeal from the Upper Tribunal (Immigration and Asylum Chamber), if the appeal had been allowed by consent, with the appellant obtaining the remittal sought, or if the appeal had been resolved by the grant of a status which was not previously offered, then provided the appellant was clearly identifiable as the successful party, CPR r 44.3(2(a) would usually entitle him to his costs absent specific matters of conduct or other features making an order inappropriate. The crucial question in such cases was the identification of the successful party.”

WLR Daily, 30th May 2012

Source: www.iclr.co.uk

 

MoJ answers key QOCS questions – Law Society’s Gazette

Posted May 30th, 2012 in civil justice, costs, news, personal injuries by tracey

“The government has answered some of the fundamental questions about how its new system for transferring the costs burden in personal injury cases will work.”

Full story

Law Society’s Gazette, 30th May 2012

Source: www.lawgazette.co.uk

Costs Management: A necessary part of the management of litigation – Speech by Mr. Justice Ramsey

Posted May 30th, 2012 in budgets, costs, speeches by tracey

“Costs management: a necessary part of the management of litigation: sixteenth lecture in the implementation programme. Law Society Conference, 29th May 2012.”

Full speech

Judiciary of England and Wales, 30th May 2012

Source: www.judiciary.gov.uk

Proportionate Costs – Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Posted May 30th, 2012 in costs, legal aid, speeches by tracey

“Proportionate costs – Fifteenth lecture in implementation programme – 29 May 2012”

Full speech

Judiciary of England and Wales, 29th May 2012

Source: www.judiciary.gov.uk

Heathcliff actor who racially harassed partner given conditional discharge – The Guardian

Posted May 29th, 2012 in conditional discharge, costs, harassment, mental health, news, racism by tracey

“A young film actor chosen from a jobcentre to play the role of Heathcliff in Wuthering Heights has been given a conditional discharge for the racially aggravated harassment of his partner and mother of their young daughter.”

Full story

The Guardian, 28th May 2012

Source: www.guardian.co.uk

Suffer Little Children – Zenith Chambers

“On 24 February, the Court of Appeal delivered its judgment in the joined appeals of Dockerill & Healey -v- Tullett, Macefield -v- Bakos and Tubridy -v- Sarwar. The decision may have a significant impact on whether claimant solicitors continue to represent children in personal injury claims where likely damages will be less than £1,000.”

Full story (PDF)

Zenith Chambers, 10th May 2012

Source: www.zenithchambers.co.uk

Litigation funders become big business, enjoying booming market in UK – The Guardian

Posted May 26th, 2012 in champerty, costs, damages, legal profession, news, third parties by sally

“Champerty used to be a crime. Now it is known as third-party litigation funding and has developed into an investment industry backed by up to £500m of investor cash looking for lucrative courtroom opportunities.”

Full story

The Guardian, 25th May 2012

Source: www.guardian.co.uk

Regina (Eastenders Cash & Carry plc and another) v Revenue and Customs Commissioners (No 2) – WLR Daily

Regina (Eastenders Cash & Carry plc and another) v Revenue and Customs Commissioners (No 2) [2012] EWCA Civ 689; [2012] WLR (D) 159

“The protection against costs provided to HM Revenue and Customs by section 144(2) of the Customs and Excise Management Act 1979, in respect of proceedings brought against them on account of the seizure or detention of any thing on reasonable grounds, applied to claims for judicial review.”

WLR Daily, 22nd May 2012

Source: www.iclr.co.uk

Mediation a success in civil justice system – Ministry of Justice

Posted May 23rd, 2012 in civil justice, costs, dispute resolution, news by sally

“Bill Wood, who is the acting Chair of the Civil Mediation Council, talks about the success of mediation in the civil justice system.”

Full story

Ministry of Justice, 23rd May 2012

Source: www.justice.gov.uk

Court of Protection Update – Thirty Nine Essex Street

Court of Protection Update (PDF)

Thirty Nine Essex Street, May 2012

Source: www.39essex.com

Jackson – The New Bills – Thirty Nine Essex Street

Posted May 21st, 2012 in bills, budgets, costs, legal aid, news by sally

“The Final Report of the Jackson Review made a number of recommendations which he wanted to be considered, and introduced, as a package. Today I shall be looking at some of the recommendations which have received the least publicity and which do not feature in the Legal Aid, Sentencing and Punishment of Offenders Act (‘LASPO’), but will be of great interest to Costs Lawyers.”

Full story (PDF)

Thirty Nine Essex Street, May 2012

Source: www.39essex.com

CoA judge raps defendant for spurning mediation – Law Society’s Gazette

Posted May 17th, 2012 in appeals, arbitration, costs, news, personal injuries by sally

“A Court of Appeal judge has criticised a defendant for rejecting mediation offered at a previous hearing – warning it will be a costly decision.”

Full story

Law Society’s Gazette, 17th May 2012

Source: www.lawgazette.co.uk

Judical Review and Costs: The Latest from the Court of Appeal – Garden Court Chambers Blog

Posted May 15th, 2012 in appeals, costs, judicial review, news by sally

“Tim Baldwin analyses the decision of the Court of Appeal in M v London Borough of Croydon and its impact on costs in judicial review cases.”

Full story

Garden Court Chambers Blog, 14th May 2012

Source: www.gclaw.wordpress.com

Association of Costs Lawyers’ Annual Conference 2012 – Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Posted May 14th, 2012 in costs, fees, judges, solicitors, speeches by sally

Association of Costs Lawyers’ Annual Conference 2012 (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Judiciary of England and Wales, 11th May 2012

Source: www.judiciary.gov.uk

Hourly billing for lawyers should end, says top judge – Daily Telegraph

Posted May 14th, 2012 in costs, fees, judges, news, solicitors by sally

“The practice of huge hourly rates charged by solicitors should end because they reward inefficiency, the country’s second most senior judge said.”

Full story

Daily Telegraph, 12th May 2012

Source: www.telegraph.co.uk