Category: costs

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.”

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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.”

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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 A second charge, of being drunk and disorderly, was withdrawn.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.”

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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.”

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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.”

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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

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

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

Voluntary code & membership body launched for third party litigation funders – Legal Week

Posted November 24th, 2011 in codes of practice, costs, fees, news, third parties by sally

“A new code of conduct and central membership body for third party litigation funders has been launched in response to the increasing number of suppliers in the market.”

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Legal Week, 24th November 2011

Source: www.legalweek.com

Schütz (UK) Ltd v Werit UK Ltd and another (No 3) – WLR Daily

Posted November 24th, 2011 in appeals, costs, law reports, licensing, patents, time limits by sally

Schütz (UK) Ltd v Werit UK Ltd and another (No 3) [2011] EWCA Civ 1337; [2011] WLR (D) 338

“The ‘transaction’ which an exclusive licensee of a patent was required by section 68 of the Patents Act 1977 to have registered within six months if the court was to award him costs in proceedings for infringement of that patent was the first transaction that had made him an exclusive licensee.”

WLR Daily, 22nd November 2011

Source: www.iclr.co.uk

Fortnum & Mason protesters convicted of aggravated trespass – The Guardian

Posted November 17th, 2011 in conditional discharge, costs, demonstrations, fines, news, trespass by tracey

“Anti-tax avoidance protesters from the group UK Uncut have been found guilty of aggravated trespass after more than 150 people occupied a luxury food retailer during a TUC-organised demonstration last March.”

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The Guardian, 17th November 2011

Source: www.guardian.co.uk

Procedural Control Mechanisms – Strike Out, Deposits, Stays and Costs – 11 KBW

Posted November 14th, 2011 in costs, deposits, employment tribunals, news, stay of proceedings, striking out by sally

“The Employment Tribunal system is under attack! It is regularly exposed to criticism as being inefficient, costing those who participate in it too much money and amounting to a disproportionate burden on business. Such criticism has been made all the more fiercely of late both because of the economic climate and also because the Government has been reviewing the Employment Tribunal system with the express aim of reducing the burden placed on business by it.”

Full story (PDF)

11 KBW, 10th November 2011

Source: www.11kbw.com

Focusing Expert Evidence and Controlling Costs – Fourth Lecture in the Implementation Programme – Speech by Lord Justice Jackson

Posted November 14th, 2011 in costs, evidence, expert witnesses, speeches by sally

Focusing Expert Evidence and Controlling Costs – Fourth Lecture in the Implementation Programme (PDF)

Speech by Lord Justice Jackson

The Bond Solon Annual Expert Witness Conference, 11th November 2011

Source: www.judiciary.gov.uk

Fresenius Kabi Deutchland GmbH and others v Carefusion 303, Inc and related action – WLR Daily

Posted November 10th, 2011 in appeals, costs, law reports, patents by sally

Fresenius Kabi Deutchland GmbH and others v Carefusion 303, Inc and related action [2011] EWCA Civ 1288; [2011] WLR (D) 320

“The practice in the Patents Court whereby a patentee could discontinue his claim for infringement and consent to the revocation of his patent on terms that he paid the costs of the action up to the date of service of the original defence, with the alleged infringer paying the costs of the action thereafter to the date of discontinuance, was no longer to be followed. It was to be replaced by the general rule in CPR r 38.6 that, unless the court otherwise ordered, a claimant who discontinued was liable to pay the defendant’s costs.”

WLR Daily, 8th November 2011

Source: www.iclr.co.uk

Yerrakalva v Barnsley Metropolitan Borough Council and another – WLR Daily

Posted November 4th, 2011 in costs, employment tribunals, law reports by tracey

 Yerrakalva v Barnsley Metropolitan Borough Council and another; [2011] EWCA civ 1255;  [2011] WLR (D)  313

“When exercising its discretion under rule 40 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 to order costs against a party who had acted unreasonably in bringing or conducting proceedings, it was vital that the employment tribual looked at the whole picture of what happened in the case.”

WLR Daily, 3rd November 2011

Source: www.iclr.co.uk

Parties forced to take out loans at high interest to pay their legal costs can recover that interest, judge says – OUT-LAW.com

Posted November 3rd, 2011 in costs, interest, loans, news by sally

“Parties in complex court cases who are forced to take out loans at a high rate of interest to pay their legal costs can recover the full amount of that interest from the other party in certain circumstances, a court has said.”

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OUT-LAW.com, 3rd November 2011

Source: www.out-law.com

Third Lecture in the Implementation Programme – Speech by Lord Justice Jackson

Posted November 1st, 2011 in civil justice, costs, judges, part 36 offers, personal injuries, proportionality, speeches by sally

Third Lecture in the Implementation Programme (PDF)

Speech by Lord Justice Jackson

Judiciary of England and Wales, 31st October 2011

Source: www.judiciary.gov.uk

Jackson: civil justice reforms are balanced – Law Society’s Gazette

Posted November 1st, 2011 in civil justice, costs, judges, news, speeches by sally

“‘Lawyers leave no stone unturned when it comes to arguing about costs,’ the architect of the civil justice reforms being introduced by government said this week.”

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Law Society’s Gazette, 1st November 2011

Source: www.lawgazette.co.uk

Bar Chairman – Slashing and Burning Legal Aid will Increase Costs – The Bar Council

Posted October 31st, 2011 in barristers, budgets, costs, legal aid, news by sally

“The Bar Council, which represents barristers in England and Wales, has warned the Government of the serious consequences of pursuing far reaching cuts to legal aid, as the Legal Aid, Sentencing and Punishment of Offenders Bill reaches Report Stage in the House of Commons.”

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The Bar Council, 31st October 2011

Source: www.barcouncil.org.uk

Costs rule ‘will fuel litigation’ – Law Society’s Gazette

Posted October 27th, 2011 in costs, news, proportionality, speeches by sally

“Litigators may face a tough new rule on the ‘proportionality’ of their costs that could fuel satellite litigation and uncertainty, experts warned last week.”

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Law Society’s Gazette, 27th October 2011

Source: www.lawgazette.co.uk