Court of Appeal on time of demands and legal costs in service charges – Nearly Legal

Posted December 1st, 2021 in appeals, costs, housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘A second appeal to the Court of Appeal from the Upper Tribunal on a service charge dispute – a decision we briefly noted as Kensquare Ltd v Adwoa & Anor here. There were two main issues, both of some significance, but the one on the recovery of freeholder’s costs of FTT proceedings through the service charge is likely to be of the broader importance.’

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Nearly Legal, 30th November 2021

Source: nearlylegal.co.uk

Judges and lawyers call for curbs on misuse of SLAPPs – Legal Futures

‘Senior judges and lawyers on a panel chaired by former Supreme Court president Lord Neuberger have called for legal reforms to curb “strategic lawsuits against public participation” (SLAPPs).’

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Legal Futures, 30th November 2021

Source: www.legalfutures.co.uk

Master of the Rolls fires starting gun on civil costs revolution – Legal Futures

Posted November 26th, 2021 in civil justice, costs, judges, news by tracey

‘The Master of the Rolls yesterday signalled his intention to revolutionise civil costs and has already set the Civil Justice Council (CJC) working on a wide-ranging review.’

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Legal Futures, 26th November 2021

Source: www.legalfutures.co.uk

“Abusive” to bring minor data breach claim in High Court – Legal Futures

‘A master has labelled as “a form of procedural abuse” a bid to bring a data breach claim in the High Court where the “very modest” damages would be dwarfed by costs of £50,000.’

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Legal Futures, 17th November 2021

Source: www.legalfutures.co.uk

CA: Lawyers can be cross-examined in wasted costs applications – Legal Futures

Posted November 12th, 2021 in appeals, costs, cross-examination, law firms, news, solicitors, wasted costs orders by tracey

‘Judges have the power to direct cross-examination of a lawyer against whom a wasted costs order is sought, but it should be “very much the exception”, the Court of Appeal said yesterday.’

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Legal Futures, 12th November 2021

Source: www.legalfutures.co.uk

Anger over ‘grotesque abuse’ of £600,000 case to keep Mountbatten papers secret – The Guardian

Posted November 8th, 2021 in archives, costs, freedom of information, government departments, news, universities by tracey

‘The Cabinet Office has been accused of a “grotesque abuse” of public funds in a freedom of information battle over the personal diaries of Lord and Lady Mountbatten in which costs are now expected to exceed £600,000.’

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The Guardian, 7th November 2021

Source: www.theguardian.com

Charity’s private prosecution ‘perverting the course of public justice’ – Law Society Gazette

“A specialist law firm and animal rights charity may have been engaged in ‘systemic fraud’ and ‘perverting the course of justice’, by bringing abusive and unfounded private prosecutions, a judge has said.”

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Law Society Gazette, 4th November 2021

Source: www.lawgazette.co.uk

Deputy Master hits out at “unnecessary” expenditure in judicial review and clinical negligence claims on arguing about costs at assessment – Local Government Lawyer

Posted November 4th, 2021 in civil procedure rules, costs, judicial review, news, part 36 offers by sally

‘The Home Secretary wasted public money by protractedly disputing costs in a case involving unlawful detention, a Deputy Master in the High Court has said.’

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Local Government Lawyer, 4th November 2021

Source: www.localgovernmentlawyer.co.uk

Does Qualified One-way Costs Shifting (“QOCS”) constrain a defendant’s liberty to seek, or the court’s discretionary power to permit, a set-off between opposing costs orders? – Lamb Chambers

‘QOCS applies to most personal injury (“PI”) claims. It usually limits the ability of a successful defendant to recover its costs against an unsuccessful claimant.’

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Lamb Chambers, October 2021

Source: www.lambchambers.co.uk

Lawyers the only winners in “nihilistic” divorce dispute, says judge – Legal Futures

Posted October 29th, 2021 in costs, divorce, families, fees, judges, news, solicitors by tracey

‘The lawyers are the only beneficiaries of a “nihilistic” divorce dispute that has cost £2.3m in legal fees, with the couple’s children the main losers, a High Court judge has ruled.’

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Legal Futures, 29th October 2021

Source: www.legalfutures.co.uk

Qualified one-way costs shifting – Law Society’s Gazette

‘In Ho v Adelekun [2021] UKSC 43, the Supreme Court considered the mechanics of qualified one-way costs shifting (QOCS). The claimant was injured in a road traffic accident in 2012. In 2017, she was offered £30,000 by the defendant in settlement of her claim in what was described as a “Part 36 offer letter”. In that letter, the defendant offered to pay the claimant’s costs “in accordance with Part 36 rule 13”, such costs to be subject to detailed assessment if not agreed, if the offer was accepted within 21 days. The claimant decided to accept the offer and a Tomlin order was subsequently made by consent. However, the defendant then argued that the claimant’s costs were limited to the fixed costs recoverable in accordance with the terms of Part 45 Section IIIA of the Civil Procedure Rules.’

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Law Society's Gazette, 25th October 2021

Source: www.lawgazette.co.uk

Costs Order against Dental Expert who Showed a Flagrant, Reckless Disregard for his Duties to the Court – Ropewalk Clinical Negligence Blog

Posted October 25th, 2021 in chambers articles, costs, dentists, expert witnesses, negligence, news, third parties by tracey

‘Having blanked his screen and left the ongoing court proceedings to pick up his son from school, the Claimant’s expert witness in Robinson v (1) Liverpool University Hospital NHS Foundation Trust (2) Mercier (County Court at Liverpool, 9 September 2021), Dr Mercier, was initially oblivious of the court’s direction that the Defendant trust would have 21 days to consider whether to pursue a third-party costs order (“TCPO”) against the expert.’

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Ropewalk Clinical Negligence Blog, 19th October 2021

Source: www.ropewalk.co.uk

CFA costs payable as part of maintenance award, CoA rules – Law Society’s Gazette

Posted October 18th, 2021 in appeals, costs, debts, fees, news, trusts, wills by tracey

‘The Court of Appeal has ruled that a judge was correct to include some costs in a maintenance-based award, after the claimant had successfully secured part of her father’s estate.’

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Law Society's Gazette, 15th October 2021

Source: www.lawgazette.co.uk

Court throws out wasted costs order bid against Baker McKenzie – Law Society’s Gazette

Posted October 13th, 2021 in costs, law firms, news, professional conduct, wasted costs orders by tracey

‘A High Court judge has opted against making a wasted costs order against global firm Baker McKenzie following an application from their litigation opponents.’

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Law Society's Gazette, 12th October 2021

Source: www.lawgazette.co.uk

Supreme Court backs claimants in QOCS set-off ruling – Legal Futures

‘The Supreme Court has held that defendants cannot set off opposing costs orders in cases covered by qualified one-way costs shifting (QOCS), in what has been hailed as a significant win for claimants.’

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Legal Futures, 6th October 2021

Source: www.legalfutures.co.uk

Housing disrepair claims and costs – Local Government Lawyer

Posted September 20th, 2021 in costs, housing, landlord & tenant, local government, news, repairs by tracey

‘Social landlords who do not challenge costs are potentially overpaying by tens of thousands of pounds in some of these matters. Alex Bagnall explains how they can secure significant reductions.’

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Local Government Lawyer, 17th September 2021

Source: www.localgovernmentlawyer.co.uk

Court rejects Slater and Gordon bid to end costs recovery cases – Law Society’s Gazette

Posted September 17th, 2021 in costs, damages, law firms, news, personal injuries, stay of proceedings by tracey

‘Lawyers chasing personal injury firms over the deductions from former clients’ damages have been handed a huge twin boost by the court.’

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Law Society's Gazette, 17th September 2021

Source: www.lawgazette.co.uk

Plans to extend fixed costs are ‘fraught with danger’ – Law Society’s Gazette

Posted September 13th, 2021 in costs, Ministry of Justice, news by tracey

‘Fixed recoverable costs are being expanded – and despite opposition from lawyers who accuse the government of “shoe-horning” cases into a simpler system, the government appears unlikely to budge.’

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Law Society's Gazette, 13th September 2021

Source: www.lawgazette.co.uk

Ministry of Justice to press ahead with fixed costs expansion – Legal Futures

‘The Ministry of Justice (MoJ) yesterday confirmed that it will implement Sir Rupert Jackson’s blueprint for fixed recoverable costs (FRC) across the fast-track and in most money cases worth up to £100,000.’

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Legal Futures, 7th September 2021

Source: www.legalfutures.co.uk

Late service charge demands and the importance of contemplating forfeiture for recovering legal costs – Nearly Legal

Posted September 6th, 2021 in appeals, costs, housing, landlord & tenant, leases, news, service charges by tracey

‘This was a second appeal to the Court of Appeal from the Upper Tribunal on two issues arising from long running litigation between the freeholder, West India Quay and the head lessee, East Tower Apartments (ETAL) on the arrangements for and charging for utilities for the residential parts of the building (a 33 storey tower, including a hotel). The initial proceedings brought by ETAL had gone through the FTT and the Upper Tribunal and had resulted in a significant reduction in charges. For our purposes, the relevant part of these decisions where that ‘Switch 2) – the utility provider – had levied “standing charges” (actually costs for reading meters and preparing bills) from 2008 onwards. The freeholder had included these charges in the utility charge to the lessee. The FTT had found that they were not recoverable, as there had never been “a contractually valid demand for them as service charges, and it was not open to the Landlord to “re-allocate” them as general service charge.”’

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Nearly Legal, 5th September 2021

Source: nearlylegal.co.uk