Why ten per cent? Tenth Lecture in the Implementation Programme – Speech by Lord Justice Jackson

Posted March 1st, 2012 in costs, damages, fees, personal injuries, speeches by tracey

“1.1 Recommendation ten. In paragraph 5.3 of chapter 10 of the Costs Review Final Report (‘FR’) I recommended that in personal injuries litigation the level of general damages for pain suffering and loss of amenity be increased by 10%. In paragraph 5.6 I recommended that general damages for nuisance, defamation and any other tort which causes suffering to individuals be increased by 10%. This recommendation is one out of a hundred and nine recommendations in the FR, all of which are collected on pages 463-471. It is recommendation ten in the list.”

Full speech

Judiciary of England and Wales, 29th February 2012

Source: www.judiciary.gov.uk

Charlotte Church settles NoW phone-hacking claim for £600,000 – The Guardian

Posted February 27th, 2012 in costs, damages, interception, news, privacy by tracey

“Charlotte Church and her parents have settled their phone-hacking claim against the publisher of the News of the World, News International, in an agreement worth £600,000 in damages and costs, the high court has heard.”

Full story

The Guardian, 27th February 2012

Source: www.guardian.co.uk

Master of the Rolls criticises Irwin Mitchell costs – The Lawyer

Posted February 21st, 2012 in appeals, costs, law firms, news, personal injuries by tracey

“Irwin Mitchell has been forced to defend its pricing policy after the Master of the Rolls Lord Neuberger highlighted a case in which it charged six times the amount paid out to its client.”

Full story

The Lawyer, 21st February 2012

Source: www.thelawyer.com

Court of Appeal decides interest on costs argument – 4 New Square

Posted February 20th, 2012 in costs, county courts, interest, local government, news by sally

“This morning (16th February 2012) the Court of Appeal handed down judgment in the case of Simcoe v Jacuzzi Group UK PLC. The case is, in effect, the appeal against HHJ Stewart QC’s judgment in Gray v Toner (Liverpool County Court, 11th November 2010) and provides the answer to the questions which have bedevilled detailed assessments for the last 18 months or so – from what date does interest on costs usually run and does the fact the Claimant was on a CFA provide a reason to not award interest until the costs are assessed”

Full story (PDF)

4 New Square, 16th February 2012

Source: www.4newsquare.com

Simcoe v Jacuzzi UK Group plc – WLR Daily

Posted February 20th, 2012 in civil procedure rules, costs, county courts, interest, law reports by sally

Simcoe v Jacuzzi UK Group plc [2012] EWCA Civ 137; [2012] WLR (D) 35

“The date from which interest ran on an award of costs in the county court in favour of a successful litigant was, by reason of article 2 of the County Court (Interest on Judgment Debts) Order 1991, the date the order for costs was made, not the date on which costs were assessed or agreed. The discretion granted in making an award of costs by CPR r 40.8 did not apply and was ineffective in that court.”

WLR Daily, 16th February 2012

Source: www.iclr.co.uk

Judge criticises lawyer fees as “out of kilter” – Daily Telegraph

Posted February 17th, 2012 in costs, fees, legal profession, news, personal injuries by sally

“A senior judge has warned there is ‘something out of kilter’ in the civil justice system after hearing a case in which lawyers were paid almost six times more than their client.”

Full story

Daily Telegraph, 16th February 2012

Source: www.telegraph.co.uk

Firefighter Mark Rutland wins seatbelt court battle – Daily Telegraph

Posted February 16th, 2012 in costs, fines, news, police, road safety by sally

“A fireman was cleared of not wearing a seatbelt after he said a policewoman told him she had to book him because she had targets to hit.”

Full story

Daily Telegraph, 16th February 2012

Source: www.telegraph.co.uk

Costs, Expenses and Provable Debts – Hardwicke Chambers

Posted February 15th, 2012 in administrators, costs, debts, expenses, insolvency, news by sally

“October last year saw the decision of the Court of Appeal in litigation arising from the administrations of Nortel and Lehman Brothers (Re Nortel GMBH [2011] EWCA Civ 1124). The case concerned the treatment of contribution notices from the Pensions Regulator by the administrators. However, for those who ventured beyond mention of the Pensions Regulator, the decision contains a useful review of the law pertaining to whether liabilities fall as provable debts or expenses of the insolvency process.”

Full story

Hardwicke Chambers, 8th February 2012

Source: www.hardwicke.co.uk

Lawyers make millions from NHS negligence claims – Daily Telegraph

Posted January 30th, 2012 in costs, fees, hospitals, legal profession, negligence, news by sally

“Lawyers are earning ‘success fees’ totalling £66 million a year for helping patients to sue the NHS, new figures have revealed.”

Full story

Daily Telegraph, 29th January 2012

Source: www.telegraph.co.uk

Assessment of costs in the brave new world: Eighth lecture in the implementation programme – Speech by Lord Justice Jackson

Posted January 26th, 2012 in civil justice, costs, speeches by sally

Assessment of costs in the brave new world: Eighth lecture in the implementation programme (PDF)

Speech by Lord Justice Jackson

KPMG Forensic’s Leeds Law Lecture, 2012

Source: www.judiciary.gov.uk

Council spent £70,000 fighting judicial review of library closures – The Guardian

Posted January 24th, 2012 in costs, judicial review, libraries, local government, news by sally

“A council that had its library restructuring plans quashed in the high court spent more than £70,000 fighting the judicial review.”

Full story

The Guardian, 24th January 2012

Source: www.guardian.co.uk

Ex-husband to pay £6 million legal bill in acrimonious divorce – Daily Telegraph

Posted January 24th, 2012 in costs, divorce, news by sally

“A business tycoon is facing up to £6m in lawyers’ bills after an epic million court struggle during which he was ordered to pay a total of £15 million to his ex-wife.”

Full story

Daily Telegraph, 24th January 2012

Source: www.telegraph.co.uk

Ken Clarke warned plan to curb open justice is flawed – The Guardian

Posted January 9th, 2012 in closed material, costs, investigatory powers, news, tribunals by tracey

“Britain’s most secretive court has warned the government that plans to restrict open justice in sensitive civil claims cases are seriously flawed and likely to incur excessive costs. Criticising the central thrust of Ken Clarke’s justice and security green paper, judges and members of the Investigatory Powers Tribunal say proposals for expanding ‘closed material procedures’ into other courts have not been thought through sufficiently.”

Full story

The Guardian, 8th January 2012

Source: www.guardian.co.uk

Tim Martin Interiors Ltd v Akin Gump LLP – WLR Daily

Posted January 5th, 2012 in appeals, costs, law reports, news, solicitors, third parties by tracey

Tim Martin Interiors Ltd v Akin Gump LLP; [2011] EWCA Civ 1574;  [2011] WLR (D)  39

“As regards quantification and repayment, a third party assessment under section 71 of the Solicitors Act 1974 was of limited use to a third party, since, after payment, it was not possible to require solicitors to pay to the third party money which they had received from their client and which the client was bound to pay them, merely because the third party was not liable to pay the same amount to the client.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

MPs’ expenses: jailed trio ordered to pay back legal costs – Daily Telegraph

Posted December 16th, 2011 in costs, expenses, false accounting, news, parliament, repayment by tracey

“Three former Labour MPs who were jailed for fiddling their expenses have been ordered to pay back a total of £125,000 – less than half of the money spent on their court cases.”

Full story

Daily Telegraph, 15th December 2011

Source: www.telegraph.co.uk

Michael Barrymore admits cocaine possession – Daily Telegraph

Posted December 8th, 2011 in costs, drug offences, drunk and disorderly, fines, news by tracey

“The TV personality, born Michael Parker, was held after officers on routine patrol discovered the scene at the junction of The Vale and Dordrecht Road. He admitted possessing cocaine during an appearance at Ealing Magistrates’ Court today. A second charge, of being drunk and disorderly, was withdrawn. He was fined a total of £780 for the offence.”

Full story

Daily Telegraph, 7th December 2011

Source: www.telegraph.co.uk

Withers LLP v Langbar International Ltd – WLR Daily

Posted December 7th, 2011 in client accounts, costs, debts, interest, law reports, news, solicitors by sally

Withers LLP v Langbar International Ltd [2011] EWCA Civ 1419; [2011] WLR (D) 351

“In asking whether money placed in the client account of a solicitor’s client were subject to a lien in favour of the solicitor the key question was whether the money had been placed in the account for general purposes or for a particular purpose which was incompatible with a lien arising.”

WLR Daily, 5th December 2011

Source: www.iclr.co.uk

Costs Management Orders – Hardwicke Chambers

Posted November 30th, 2011 in case management, costs, news by sally

“Whether you have been preparing diligently for months or have just stumbled upon it recently, most of you should now have had the pleasure of acquainting yourself with CPR Practice Direction 51G – the Cost Management Pilot Scheme in the TCC and Mercantile Courts.”

Full story

Hardwicke Chambers, 25th November 2011

Source: www.hardwicke.co.uk

‘Few’ solicitors understand e-disclosure, says Jackson – Law Society’s Gazette

Posted November 29th, 2011 in costs, disclosure, electronic filing, news, practice directions, speeches by sally

“Lord Justice Jackson has warned that ‘huge’ sums of money will be wasted if the legal profession gets electronic disclosure wrong. Delivering the seventh lecture on implementing his civil litigation reforms, the judge said effective training is ‘essential’ for solicitors, judges and counsel if the practice direction issued a year ago on electronic disclosure is to be operated effectively.”

Full story

Law Society’s Gazette, 28th November 2011

Source: www.lawgazette.co.uk

Controlling The Costs of Disclosure – Seventh Lecture in the implementation programme – Speech by Lord Justice Jackson

Controlling The Costs of Disclosure – Seventh Lecture in the implementation programme (PDF)

Speech by Lord Justice Jackson

The LexisNexis Conference on Avoiding and Resolving Construction Disputes, 24th November 2011

Source: www.judiciary.gov.uk