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.”

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Litigation Futures, 14th December 2012

Source: www.legalfutures.co.uk

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.”

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Law Society’s Gazette, 13th December 2012

Source: www.lawgazette.gov.uk

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

Source: www.iclr.co.uk

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

Source: www.iclr.co.uk

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.”

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Litigation Futures, 6th December 2012

Source: www.litigationfutures.com

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.”

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Daily Telegraph, 5th December 2012

Source: www.telegraph.co.uk

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.”

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Daily Telegraph, 29th November 2012

Source: www.telegraph.co.uk

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.”

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LegalVoice, 29th November 2012

Source: www.legalvoice.org.uk

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

Source: www.iclr.co.uk

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).”

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Competition Bulletin from Blackstone Chambers, 27th November 2012

Source: www.competitionbulletin.com

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.”

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BBC News, 26th November 2012

Source: www.bbc.co.uk

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

Source: www.iclr.co.uk

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

Source: www.39essex.com

The Procter & Gamble Co v Svenska Cellulosa Aktiebolaget SCA and another – WLR Daily

Posted November 1st, 2012 in costs, law reports, part 36 offers by sally

The Procter & Gamble Co v Svenska Cellulosa Aktiebolaget SCA and another [2012] EWHC 2839 (Ch); [2012] WLR (D) 299

“Although a monetary claim was the paradigm contemplated by CPR Pt 36, Part 36 was not confined to that. Rule 36.2(2)(c) did not mandate that the claimant had to seek costs and make payment of them a condition of his offer. The substance of the claim, and which of the parties was seeking to establish liability and which to oppose it, was one of the circumstances to be considered by the court in determining whether it would be unjust to make orders for indemnity costs and interest on costs for the purposes of rule 36.14(3).”

WLR Daily, 23rd October 2012

Source: www.iclr.co.uk

Litigators: Survive & Thrive – Speech by Lord Dyson, Master of the Rolls

Posted October 19th, 2012 in costs, fees, legal aid, legal profession, speeches by sally

Litigators: Survive & Thrive (PDF)

Speech by Lord Dyson, Master of the Rolls

Civil Justice Section Conference, 18th October 2012

Source: www.judiciary.gov.uk

Brace yourself for unprecedented change, says master of rolls – Law Society’s Gazette

Posted October 19th, 2012 in costs, fees, legal aid, legal profession, news by sally

“Implementing the Jackson costs reforms will inevitably lead to satellite litigation, the master of the rolls has warned. He urged courts and lawyers to ‘do what they can’ to minimise it.”

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Law Society’s Gazette, 19th October 2012

Source: www.lawgazette.co.uk

Beasley (by Cadell Beasley as litigation friend) v Alexander – WLR Daily

Beasley (by Cadell Beasley as litigation friend) v Alexander [2012] EWHC 2715 (QB); [2012] WLR (D) 272

“CPR r 36.13(2) did not permit the court to be told the position as to a Part 36 offer and consequently go on to deal with the question of costs at the conclusion of the first part of a split trial.”

WLR Daily, 9th October 2012

Source: www.iclr.co.uk

Man gets community sentence for Facebook post about dead soldiers – The Guardian

“A man who posted a Facebook message following the deaths of six British soldiers which said: ‘All soldiers should die and go to hell’ has been sentenced to a community order and told to pay costs of £300 by magistrates.”

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The Guardian, 9th October 2012

Source: www.guardian.co.uk

Judge criticises warring couple for squandering £1.7 million on bitter divorce battle – Daily Telegraph

Posted September 20th, 2012 in child support, costs, custody, divorce, judges, news by sally

“A couple who squandered £1.7 million during a bitter divorce and custody battle were criticised by a judge for driving their marriage ‘full tilt onto the rocks.'”

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Daily Telegraph, 19th September 2012

Source: www.telegraph.co.uk

Fact Finding Hearings: Who Pays? – Family Law Week

Posted September 17th, 2012 in appeals, children, costs, families, family courts, news by sally

“Stuart Hughes, Senior Solicitor at Greene and Greene Solicitors, and Sabuhi Chaudhry, barrister at Coram Chambers, consider recent developments concerning costs in fact finding hearings and the divergence between private law and public law cases.”

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Family Law Week, 14th September 2012

Source: www.familylawweek.co.uk