Financial Remedy: OG v AG [2020] EWFC 52: Value of a business, Covid, Brexit and Beyond – Becket Chambers

‘During these troubled times, when a reliable crystal ball would be helpful, the case of OC v AG [2020] EWFC 52 in which judgement was handed down on the 29th of July 2020, is of interest.’

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Becket Chambers, 2nd October 2020

Source: becket-chambers.co.uk

Court orders costs repayment after client did not consent to deduction – Law Society’s Gazette

‘Fee-recovery lawyers say millions of clients could stand to benefit from a court judgment which reduced legal fees deducted from compensation.’

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Law Society's Gazette, 19th October 2020

Source: www.lawgazette.co.uk

“Informed consent” ruling threatens avalanche of PI costs refund claims – Litigation Futures

Posted October 20th, 2020 in consent orders, costs, law firms, news, personal injuries, solicitors by sally

‘Personal injury (PI) law firms that fail to spell out in their retainers the costs clients could be liable for beyond what is recovered from defendants face a wave of litigation following a major High Court ruling.’

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Litigation Futures, 19th October 2020

Source: www.litigationfutures.com

Amendments to Costs Budgeting Rules Coming into Force on 1st October 2020 – St John’s Chambers

‘As of 1st October 2020 several amendments to the costs budgeting rules and the related Practice Direction came into force.’

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St John's Chambers, 2nd October 2020

Source: www.stjohnschambers.co.uk

PI firms face deluge of costs claims after High Court ruling – Legal Futures

Posted October 19th, 2020 in compensation, costs, law firms, news, personal injuries by sally

‘Personal injury (PI) law firms that fail to spell out in their retainers the costs clients could be liable for beyond what is recovered from defendants face a wave of litigation following a landmark High Court ruling.’

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Legal Futures, 19th October 2020

Source: www.legalfutures.co.uk

Successful adjudication enforcement in favour of an insolvent company – Practical Law: Construction Blog

‘Hot on the heels of the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, in what may be the first summary judgment to enforce an adjudicator’s decision in favour of a party in administration, we have successfully represented the claimant in Styles and Wood Ltd (in administration) (S&W) v GE CIF Trustees Ltd.’

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Practical Law: Construction Blog, 1st October 2020

Source: constructionblog.practicallaw.com

Council hit with costs order after Court of Protection judge finds it failed autistic 18 year old – Local Government Lawyer

Posted October 6th, 2020 in autism, care orders, costs, Court of Protection, local government, news by tracey

‘A Court of Protection judge has ordered Shropshire Council to pay the costs of the Official Solicitor and a father after finding that the local authority had failed an 18 year old man (ND) with a diagnosis of autism spectrum disorder.’

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Local Government Lawyer, 6th October 2020

Source: www.localgovernmentlawyer.co.uk

Lord Sumption: justice faces digital trade-off – Law Society’s Gazette

‘The court system faces a trade-off between the quality of justice and the cost of delivering it, former Supreme Court justice Lord Sumption has said in a biting assessment of virtual hearings. Speaking at the Commercial Litigators’ Forum, Lord Sumption (Jonathan Sumption QC) said if quality of justice was the only concern “we would go back to ordinary oral hearings.” ‘

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Law Society's Gazette, 5th October 2020

Source: www.lawgazette.co.uk

“Negligent” firm avoids wasted costs order after failing to pass on offer – Litigation Futures

Posted October 1st, 2020 in costs, law firms, negligence, news, wasted costs orders by sally

‘The High Court has upheld a decision not to order wasted costs against a law firm that failed to pass on a “drop hands” settlement offer to a client who was ultimately found to be fundamentally dishonest.’

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Litigation Futures, 30th September 2020

Source: www.litigationfutures.com

Changes afoot as litigators lambast disclosure pilot – Litigation Futures

Posted September 28th, 2020 in civil procedure rules, costs, courts, disclosure, news, pilot schemes, solicitors, statistics by sally

‘Commercial litigators have vented their frustration – and in some cases anger – with the disclosure pilot in the Business and Property Courts, and changes to its rules have been put forward as a result of this and other feedback.’

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Litigation Futures, 24th September 2020

Source: www.litigationfutures.com

Costs rules: what you need to know – Family Law

Posted September 18th, 2020 in costs, divorce, families, financial dispute resolution, financial provision, news by tracey

‘“No one enters litigation simply expecting a blank cheque.” Francis J in WG v HG [2018] EWFC 84. But is this the case, or are we experiencing a new wave of litigants chancing their luck at the roulette wheel? Costs in financial remedy proceedings have come increasingly under the spotlight in recent years, most recently highlighted in some interesting and important commentary by Mostyn J, Francis J and Cohen J as to the manner in which litigation is conducted.’

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Family Law, 16th September 2020

Source: www.familylaw.co.uk

Law Society takes legal action against the Legal Aid Agency – Family Law

Posted September 11th, 2020 in consultations, costs, judicial review, Law Society, legal aid, news by tracey

‘The Law Society has lodged a judicial review against the Legal Aid Agency (LAA) after claiming that they failed to consult properly around a decision to move legal aid cost assessments in-house.’

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Family Law, 8th September 2020

Source: www.familylaw.co.uk

Courts must “get a handle” on disclosure pilot costs – Litigation Futures

Posted September 10th, 2020 in costs, disclosure, news, pilot schemes, solicitors by sally

‘The Business and Property Courts must “get a handle” on why most solicitors believe the disclosure pilot is not producing cost savings, the professor monitoring its progress has said.’

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Litigation Futures, 9th September 2020

Source: www.litigationfutures.com

Helen McCourt’s mother ordered to pay killer £40,000 legal fees – BBC News

Posted September 8th, 2020 in bereavement, bills, burials and cremation, costs, murder, news, parole by sally

‘A murdered woman’s mother has been told to pay her daughter’s killer £40,000 in legal fees.’

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BBC News, 7th September 2020

Source: www.bbc.co.uk

“Extremely drunk” senior partner touched and kissed paralegal – Legal Futures

‘The “extremely drunk” senior partner of a London law firm has been fined £10,000 for touching a paralegal on the bottom and kissing her on the neck while sitting next to her in a bar.’

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Legal Futures, 8th September 2020

Source: www.legalfutures.co.uk

Defendant’s “potential exposure” not relevant to security for costs – Litigation Futures

Posted September 2nd, 2020 in costs, fiduciary duty, indemnities, insurance, law firms, news by tracey

‘A defendant’s potential exposure to paying the premium for after-the-event (ATE) insurance necessary to meet its demand for security for costs was “not relevant” to the question of security, the High Court has ruled.’

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Litigation Futures, 1st September 2020

Source: www.litigationfutures.com

High Court warning over JRs that “evolve exponentially” – Litigation Futures

Posted September 2nd, 2020 in case management, costs, Crown Prosecution Service, judges, judicial review, news by tracey

‘A High Court judge has criticised public law practitioners for letting judicial reviews “evolve exponentially” so that the claim advanced at the hearing bears “little resemblance” to that for which permission was granted.’

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Litigation Futures, 2nd September 2020

Source: www.litigationfutures.com

Judge wrong to impose costs on litigation friend – Litigation Futures

Posted August 28th, 2020 in children, costs, law firms, litigation friends, news, tax avoidance by sally

‘A High Court judge was wrong to order a litigation friend, acting for children, to pay costs after unsuccessfully applying to challenge the settlement of a trust dispute, appeal judges have ruled.’

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Litigation Futures, 26th August 2020

Source: www.litigationfutures.com

Costs judge strikes down CFAs worth millions – Litigation Futures

Posted August 27th, 2020 in costs, drafting, fees, news by sally

‘A costs judge has struck down three conditional fee agreements (CFAs) in a big-money commercial case for having the potential to lead to a claim for a success fee exceeding 100%.’

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Litigation Futures, 27th August 2020

Source: www.litigationfutures.com

Council must pay costs of redacting documents for journalist – Litigation Futures

Posted August 12th, 2020 in costs, disclosure, documents, local government, media, news by sally

‘A local authority must cover the costs of redacting court documents which are being disclosed to a freelance journalist, the High Court has ruled.’

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Litigation Futures, 12th August 2020

Source: www.litigationfutures.com