“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.”
Law Society’s Gazette, 3rd July 2012
Source: www.lawgazette.co.uk
“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.”
Hardwicke Chambers, 28th June 2012
Source: www.hardwicke.co.uk
“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.”
Hardwicke Chambers, 28th June 2012
Source: www.hardwicke.co.uk
Domestic and Personal Injury Newsletter (PDF)
Thirty Nine Essex Street, June 2012
Source: www.39essex.com
“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.”
Family Law Week, June 2012
Source: www.familylawweek.com
“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.”
Law Society’s Gazette, 28th June 2012
Source: www.lawgazette.co.uk
“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
“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.”
Law Society’s Gazette, 25th June 2012
Source: www.lawgazette.co.uk
“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.”
Daily Telegraph, 25th June 2012
Source: www.telegraph.co.uk
“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
“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the latest key financial remedies cases.”
Family Law Week, 6th June 2012
Source: www.familylawweek.com
“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
“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.”
Law Society’s Gazette, 30th May 2012
Source: www.lawgazette.co.uk
“Costs management: a necessary part of the management of litigation: sixteenth lecture in the implementation programme. Law Society Conference, 29th May 2012.”
Judiciary of England and Wales, 30th May 2012
Source: www.judiciary.gov.uk
“Proportionate costs – Fifteenth lecture in implementation programme – 29 May 2012”
Judiciary of England and Wales, 29th May 2012
Source: www.judiciary.gov.uk
“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.”
The Guardian, 28th May 2012
Source: www.guardian.co.uk
“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
“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.”
The Guardian, 25th May 2012
Source: www.guardian.co.uk
“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
“Bill Wood, who is the acting Chair of the Civil Mediation Council, talks about the success of mediation in the civil justice system.”
Ministry of Justice, 23rd May 2012
Source: www.justice.gov.uk
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