Leeds United win high court ruling over police costs at Elland Road – The Guardian

Posted July 24th, 2012 in costs, news, police, sport by sally

“Leeds United have won their high court action over who should pay for policing of matches at Elland Road. The Championship side asked for a decision on which of the services deployed by West Yorkshire Police for the last three seasons were special police services, and whether it was entitled to be repaid for services wrongly categorised.”

Full story

The Guardian, 24th July 2012

Source: www.guardian.co.uk

Benefit fraud Lottery winner Edward Putman jailed – The Independent

Posted July 24th, 2012 in benefits, costs, fraud, news, sentencing by sally

” A convicted rapist who won nearly £5 million on the lottery but continued to fraudulently claim benefits has been jailed for nine months.”

Full story

The Independent, 24th July 2012

Source: www.independent.co.uk

Hawksford Trustees Jersey Ltd (as trustee of the Bald Eagle Trust) v Stella Global UK Ltd and another – WLR Daily

Posted July 23rd, 2012 in appeals, costs, insurance, law reports, taxation, trials by sally

Hawksford Trustees Jersey Ltd (as trustee of the Bald Eagle Trust) v Stella Global UK Ltd and another: [2012] EWCA Civ 987;  [2012] WLR (D)  216

“References to ‘proceedings’ in section 29 of the Access to Justice Act 1999 should be interpreted so as to reflect the legislative purpose, namely to improve access to the courts for members of the public with meritorious claims. Where a claimant took out ATE insurance after having succeeded at trial he would be entitled if successful in the appeal to recover in costs that part of the ATE premium relating to the costs of the appeal, but it would be unfair to allow him to recover in costs that part of the premium which related to the costs of the trial.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk

Probation officer ‘had affair with convicted murderer’ – Daily Telegraph

“Female probation officer has affair with convicted murderer after his release from prison and tips him off that he was going to be recalled for a further offence, a court hears.”

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Daily Telegraph, 20th July 2012

Source: www.telegraph.co.uk

UK Coal fined over miner Ian Cameron’s death – BBC News

Posted July 18th, 2012 in costs, guilty pleas, health & safety, industrial injuries, news by sally

“UK Coal has been fined £200,000 after it pleaded guilty to health and safety breaches over the death of a miner at a North Yorkshire pit.”

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BBC News, 18th July 2012

Source: www.bbc.co.uk

Environmental and Planning Newsletter – Thirty Nine Essex Street

Posted July 17th, 2012 in costs, EC law, environmental protection, news by sally

Environmental and Planning Newsletter (PDF)

Thirty Nine Essex Street, July 2012

Source: www.39essex.com

A Local Authority v DS – An invitation to judicially review the Legal Services Commission? – Family Law Week

Posted July 11th, 2012 in costs, evidence, expert witnesses, families, news by sally

“Chris McWatters and Sharon Love, barristers, of Garden Court Chambers consider the implications of the President’s Guidance on seeking prior approval of the LSC to adduce expert evidence in family proceedings.”

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Family Law Week, 10th July 2012

Source: www.familylawweek.co.uk

High court slams means-test delays – Law Society’s Gazette

Posted July 4th, 2012 in costs, courts, delay, legal aid, news, time limits by sally

“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.”

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Law Society’s Gazette, 3rd July 2012

Source: www.lawgazette.co.uk

Beware Part 36 – Hardwicke Chambers

Posted July 3rd, 2012 in costs, news, part 36 offers by sally

“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.”

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Hardwicke Chambers, 28th June 2012

Source: www.hardwicke.co.uk

Do you have to Mediate a Professional Negligence Claim? – Hardwicke Chambers

Posted July 3rd, 2012 in arbitration, costs, negligence, news by sally

“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.”

Full story

Hardwicke Chambers, 28th June 2012

Source: www.hardwicke.co.uk

Domestic and Personal Injury Newsletter – Thirty Nine Essex Street

Domestic and Personal Injury Newsletter (PDF)

Thirty Nine Essex Street, June 2012

Source: www.39essex.com

Finance Divorce Update – Family Law Week

“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.”

Full story

Family Law Week, June 2012

Source: www.familylawweek.com

Progress report on Lord Justice Jackson’s civil justice reforms – Law Society’s Gazette

Posted June 28th, 2012 in civil justice, costs, news by sally

“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.”

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Law Society’s Gazette, 28th June 2012

Source: www.lawgazette.co.uk

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.”

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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 sally

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 sally

“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.”

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Law Society’s Gazette, 30th May 2012

Source: www.lawgazette.co.uk