“Fears that a damaging compensation culture and an unwieldy justice system is costing businesses millions of pounds and deterring deserving individuals from using the justice system are to be tackled under plans announced today.”
Ministry of Justice, 29th March 2011
Source: www.justice.gov.uk
“Ken Clarke’s announcement on Tuesday that the government is to reform the costs of civil litigation has been portrayed as a crackdown on lawyers’ fees. That always makes a pleasing headline but the reality is that the justice secretary wants the public to do it for him.”
The Guardian, 30th March 2011
Source: www.guardian.co.uk
“Suing the NHS for medical negligence may become too costly in the wake of cuts to both legal aid and lawyers’ success fees.”
The Guardian, 29th March 2011
Source: www.guardian.co.uk
“Proposals to tackle Britain’s ‘damaging compensation culture’, control legal costs and divert cases from courtrooms into online resolution have been unveiled by the justice secretary.”
The Guardian, 29th March 2011
Source: www.guardian.co.uk
“Controversial law firm ACS Law returned to court on Wednesday as the cases it brought against alleged file-sharers were officially closed.”
BBC News, 16th March 2011
Source: www.bbc.co.uk
“A former hospital director has been convicted of trafficking a woman from Tanzania to Britain and using her as a ‘slave’, in the first case of its kind to come before a court.”
The Guardian, 17th March 2011
Source: www.guardian.co.uk
“A Welsh councillor has been ordered to pay damages in what is believed to be the first libel action resulting from comments posted on Twitter.”
Law Society’s Gazette, 15th March 2011
Source: www.lawgazette.co.uk
Sousa v Waltham Forest London Borough Council [2011] EWCA Civ 194; [2011] WLR (D) 71
“A successful claimant was entitled to seek costs which included a success fee under a conditional fee agreement where the agreement had been entered into between the claimant’s insurers and the lawyers acting for him and the applicable insurance policy provided him with an indemnity as to costs.”
WLR Daily, 4th March 2011
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Justice ministry hopes to remove clinical negligence from legal aid and make claimants pay fees and premiums out of damages.”
The Guardian, 3rd March 2011
Source: www.guardian.co.uk
“There was no difference in principle between the ambit of a solicitor’s duty to the court in relation to the conduct and supervision of disclosure of documents and the conduct and supervision of any redaction of disclosable doccuments prior to inspection.”
WLR Daily, 24th February 2011
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Werynski v Mediatel 4B spólka z o o (Case C-283/09); [2011] WLR (D) 50
“In respect of acts which had been adopted in the field of Title IV of the EC Treaty, since December 1 2009 the Court of Justice of the European Union has had jurisdiction to hear and determine a reference for a preliminary ruling from a court against whose decision there was a judicial remedy under national law even where the reference was lodged prior to that date. In determining whether the question referred to the Court of Justice was necessary to enable the referring court to ‘give judgment’ pursuant to article 267FEU of the FEU Treaty, ‘give judgment’ referred to the entire process of creating the judgment, including all issues relating to the responsibility for the costs of proceedings. Where the examination of a witness by a court was at issue there was a direct connection between the question referred for a preliminary ruling and the performance by the referring court of a judicial function. A requested court was not entitled pursuant to Council Regulation (EC) No 1206/2001 on cooperation between the courts of the member states in the taking of evidence in civil or commercial matters (OJ 2001 L 174, p 1), to make the examination of a witness conditional on prior payment of an advance from the requesting court covering his witness expense and there was no obligation upon the requesting court to pay such an advance nor was the requesting court obliged to reimburse the expenses paid to the witness examined.”
WLR Daily, 21st February 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The Bar Council, which represents barristers in England and Wales, will today respond to the Government’s proposals for the reform of the costs of civil litigation. It will say that cost reduction is in the public interest but will warn that whilst cost reduction is welcome significant threats to access to justice must be addressed and that one size cannot fit all in litigation.”
The Bar Council, 14th February 2011
Source: www.barcouncil.org.uk
“An independent panel of law academics has branded Lord Justice Jackson’s proposals to reform civil litigation costs as ‘misleading and ‘inconsistent with a fundamental principle of civil justice’, as it published a report today.”
Law Society’s Gazette, 11th February 2011
Source: www.lawgazette.co.uk
Solicitors Regulation Authority v Davis and another [2011] WLR (D) 36
“Where a solicitor admitted disciplinary charges, and therefore anticipated sanctions upon him, he should give notice in advance of the hearing to the Solicitors Regulation Authority and the Solicitors Disciplinary Tribunal that he intended to contend either that no order for costs should be made against him, in exercise of the tribunal’s power under section 47(2) of the Solicitors Act 1974, or that any order for costs should be limited by reason of his lack of means.”
WLR Daily, 4th February 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Government proposals to modify Lord Jackson’s comprehensive package of civil litigation reforms would be a ‘disaster’, according to Lord Jackson.”
OUT-LAW.com, 2nd February 2011
Source: www.out-law.com
“An Indian Sikh holy man who is suing a journalist in the British courts for libel has been ordered to put up quarter of million pounds in security costs in order to pursue the case further.”
The Independent, 1st February 2011
Source: www.independent.co.uk
“A conditional fee agreement which provided for the claimant’s solicitors to indemnify her against payment of the defendant’s costs if the claim was dismissed was not champertous or otherwise contrary to public policy. As a result its inclusion in a conditional fee agreement which in all other respects complied with the requirements of section 58 of the Courts and Legal Services Act 1990 did not invalidate the agreement.”
WLR Daily, 26th January 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Bumper success fees for lawyers in libel cases will soon be a thing of the past following last week’s ruling by the European Court of Human Rights (ECHR) in the Naomi Campbell case, solicitors predicted this week.”
Law Society’s Gazette, 27th January 2011
Source: www.lawgazette.co.uk
“Solicitors must be allowed to shoulder the risk of adverse costs orders on behalf of their clients to ensure proper access to justice, the Court of Appeal ruled today.”
Law Society’s Gazette, 26th January 2011
Source: www.lawgazette.co.uk
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