We will all end up paying for the rising cost of litigation – The Times

Posted January 11th, 2008 in costs, news by sally

“Courts are seeing an increase in cases in which the amount recovered bears no relation to the costs.”

Full Story

The Times, 11th January 2008

Source: www.timesonline.co.uk

Kostic v Chaplin and Others – Times Law Reports

Posted January 11th, 2008 in costs, law reports, probate by sally

Kostic v Chaplin and Others

Chancery

“When deciding costs in a contentious probate action, the two long-established exceptions to the normal rule that costs followed the event that survived the introduction of the Civil Procedure Rules were: (i) where a testator had been the cause of the litigation, costs should come out of the estate; and (ii) where the circumstances led reasonably to an investigation of the matter, costs should be borne by both sides.”

The Times, 11th January 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Crane v Canons Leisure Centre – Times Law Reports

Posted January 10th, 2008 in costs, fees, law reports, solicitors by sally

Crane v Canons Leisure Centre

Court of Appeal

“When costs consultants were instructed by solicitors to conduct a detailed costs assessment under a collective conditional fee agreement, where the solicitors remained responsible for the proper conduct of the work, the satellite fees were base costs, not disbursements and a success fee was payable on them.”

The Times, 10th January 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Commercial litigation reforms draw mixed response – The Times

Posted December 6th, 2007 in Commercial Court, costs, news by sally

“Litigation lawyers have been cautious in welcoming proposed reforms aimed at cutting the length and cost of complex commercial court cases.”

Full story

The Times, 6th December 2007

Source: www.timesonline.co.uk

Commercial trials reform will cut both costs and time – The Times

Posted December 6th, 2007 in Commercial Court, costs, news by sally

“The length and cost of mammoth commercial trials is set to be drastically curbed under proposed reforms seen by The Times.”

Full story 

The Times, 6th December 2007

Source: www.timesonline.co.uk

Practice Direction (Value Added Tax on Disbursements: Amendment to Practice Direction (Criminal Proceedings: Costs)) – WLR Daily

Posted December 4th, 2007 in costs, criminal procedure, practice directions, VAT by sally

Practice Direction (Value Added Tax on Disbursements: Amendment to Practice Direction (Criminal Proceedings: Costs))

“The text of a new Pt XIV.6 of the Practice Direction (Criminal Proceedings: Costs) [2004] 1 WLR 2657, which was to be substituted for the existing Pt XIV.6, was set out. The amendment was to take effect on 3 December 2007.”

WLR Daily, 3rd December 2007

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. 

Mastercigars Direct Ltd v Withers LLP – WLR Daily

Posted November 27th, 2007 in costs, law reports, solicitors by sally

Mastercigars Direct Ltd v Withers LLP [2007] EWHC 2733 (Ch) 

“A solicitors’ costs estimate was relevant on a detailed assessment of costs as a useful yardstick, by which the reasonableness of costs could be measured, and on the issue of reliance by a client on that estimate. It was not correct that unless a client was notified of the further sums payable, preferably before they were incurred, the solicitor would be unable to recover costs in excess of the estimated amount.”

WLR Daily, 26th November 2007

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.

Bloxham rules out appeal as Freshfields drops costs threat – Legal Week

Posted November 22nd, 2007 in age discrimination, costs, law firms, news by sally

“Freshfields Bruckhaus Deringer has dropped its costs claim against former partner Peter Bloxham, following his announcement today (21 November) that he will not appeal an age-discrimination ruling acquitting the magic circle firm.”

Full story

Legal Week, 21st November 2007

Source: www.legalweek.com

Davey v Aylesbury Vale District Council – WLR Daily

Posted November 19th, 2007 in Administrative Court, costs, judicial review by sally

Davey v Aylesbury Vale District Council [2007] EWCA Civ 1166

“The Court of Appeal gave guidance as to the recoverability of pre-permission costs by a successful defendant following dismissal of the substantive judicial review claim.”

WLR Daily, 16th November 2007

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.

SES Contracting Ltd and Another v UK Coal plc and Others – Times Law Reports

Posted October 16th, 2007 in costs, disclosure, law reports by sally

Paying other party’s costs

SES Contracting Ltd and Another v UK Coal plc and Others

Court of Appeal

“On an application for disclosure before commencement of proceedings a respondent was ordinarily awarded his costs. A costs order requiring him to pay all the applicant’s costs could be made only where it was clearly unreasonable to oppose the application or where the manner of opposition was so unreasonable as to make it appropriate to bear all of both parties’ costs.”

The Times, 16th October 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

£4,000 court costs for child’s sausage roll theft – Daily Telegraph

Posted October 10th, 2007 in costs, news, theft, young offenders by sally

“A police force hauled a child through the courts at a cost of £4,000 for stealing half a sausage roll it has emerged.”

Full story

Daily Telegraph, 10th October 2007

Source: www.telegraph.co.uk

Top judge issues warning as radical cost budgeting looms – Legal Week

Posted September 27th, 2007 in costs, fees, law firms, news by sally

“A senior costs judge has warned law firms that they may soon have to set out their costs at the outset of cases as part of a radical clampdown on escalating fees.”

Full story

Legal Week, 27th September 2007

Source: www.legalweek.com

Excellence will be lost in the frenzy of cost-cutting – The Times

Posted September 4th, 2007 in barristers, costs, criminal justice by sally

“Can Sally O’Neill, QC, persuade the public that the high standards of the Criminal Bar are worth saving?”

Full story

The Times, 4th September 2007

Source: www.timesonline.co.uk

VHCC Best Value Panel Guidance – The Bar Council

Posted July 12th, 2007 in barristers, costs, press releases by sally

“The VHCC Best Value Panel has issued guidance on the new VHCC scheme. The guidance explains the key points of the scheme and details of the tendering process as it affects advocates.”

Guidance 

The Bar Council,  11th July 2007

Source: www.barcouncil.org.uk

All you need is the bare minimum – The Times

Posted July 3rd, 2007 in costs, fees, legal profession by sally

“A response to Sir Hugh Laddie’s recently published article, ‘Why does it cost so much to go to court?’ ”

Full story

The Times, 3rd July 2007

Source: www.timesonline.co.uk

Related: A legal system we can’t afford

Costly business – Law Society’s Gazette

Posted June 22nd, 2007 in costs, solicitors, special report by sally

“William Gibson pores over the finer details of the rules on costs in the new Solicitors Code of Conduct.”

Full story

Law Society’s Gazette, 21st June 2007

Source: www.lawgazette.co.uk

LSC to be responsible for withdrawing lawyers causing unnecessary trail delays – Law Society’s Gazette

Posted June 8th, 2007 in costs, delay, legal aid, legal profession, news by sally

“Plans for judges to sack lawyers who cause unnecessary delays in very high-cost cases (VHCCs) have been revised following concerns raised by the Law Society and the Bar Council.”

Full story

Law Society’s Gazette, 7th June 2007

Source: www.lawgazette.co.uk

A legal system we can’t afford – The Times

Posted May 22nd, 2007 in costs, news by sally

“Litigation in England costs between three and ten times more than similar cases in Germany and the Netherlands.”

Full story

The Times, 22nd May 2007

Source: www.timesonline.co.uk

 

Miners’ firms strike back at DTI over £2.4bn costs – The Lawyer

Posted May 15th, 2007 in costs, industrial injuries, miners, news, solicitors by sally

“The under-fire law firms representing sick miners in the British Coal compensation fiasco have accused the Government of hypocrisy after its costs topped £2bn.”

Full story

The Lawyer, 15th May 2007

Source: www.thelawyer.com

Lamont v. Burton – WLR Daily

Posted May 11th, 2007 in costs, law reports by sally

Lamont v. Burton [2007] EWCA Civ 429

“In a road traffic accident claim the claimant’s solicitors, operating under a conditional fee agreement providing for a success fee, were entitled to a 100 per cent success fee under CPR Pt 45 where the claimant had won at trial, even though he failed to exceed an earlier payment into court. There was no discretion to award a lesser increase.”

WLR Daily, 9th May 2007 

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.