Category: costs

C v W – WLR Daily

Posted January 8th, 2009 in costs, fees, law reports, solicitors by sally

C v W [2008] EWCA Civ 1459; WLR (D) 4

“There was nothing unreasonable in a simple conditional fee agreement entered into between a claimant and her solicitor when liability had already been admitted by the defendant in the proceedings provided that the parties had made a proper assessment of the inevitably much reduced risk of failure.”

WLR Daily, 7th January 2009

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.

Jones v Attrill; Hibberd v Michael Jane Hair & Beauty; Tankard v John Fredericks Plastics Ltd (Law Society intervening) – WLR daily

Posted December 16th, 2008 in costs, fees, law reports, personal injuries, solicitors by sally

Jones v Attrill; Hibberd v Michael Jane Hair & Beauty; Tankard v John Fredericks Plastics Ltd (Law Society intervening)[2008] EWCA Civ 1375; [2008] WLR (D) 383

“The purpose of reg 4(2)(e)(ii) of the Conditional Fee Agreement Regulations 2000 was to ensure that a solicitor acted and gave advice independently of his own interest. To determine whether, for the purposes of that regulation, a solicitor had an interest in recommending a particular insurance contract to his client, the test was whether a reasonable person with knowledge of the relevant facts would think that the existence of the interest might affect the advice given by the solicitor to his client, and if so, the interest should be disclosed.”

WLR Daily, 15th December 2008

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.

Setback for small businesses under new VAT dispute rules – The Times

Posted December 9th, 2008 in costs, news, VAT by sally

“Small businesses already struggling because of the economic downturn are facing a further setback under new rules that will prevent them from recovering their costs in VAT disputes with the taxman.”

Full story

The Times, 8th December 2008

Source: www.timesonline.co.uk

Browne: costs pose threat to legal representation – The Lawyer

Posted December 8th, 2008 in costs, legal aid, news by sally

“The increasing cost of legal action and the curbing of public funding could threaten the quality of legal representation, in-coming Bar Council chair Desmond Browne QC has warned.”

Full story

The Lawyer, 8th December 2008

Source: www.thelawyer.com

Defendants should not have to pay for being wrongly prosecuted – discuss – The Times

Posted November 25th, 2008 in costs, legal aid, news, prosecutions by sally

“Should the taxpayer foot the legal bills of defendants who are brought before courts and acquitted?”

Full story

The Times, 25th November 2008

Source: www.timesonline.co.uk

Regina (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corporation – The Times

Posted November 18th, 2008 in fees, judicial review, law reports, protective costs orders by sally

Regina (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corporation

Court of Appeal

“Where a party with limited means applied for a protective costs order to bring a matter of public importance before the court, and that party was represented by means of a conditional fee agreement, the agreed success fee was relevant to the amount of the cap on the costs order and consequently was to be disclosed to the court.”

The Times, 18th November 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.

Appeal judge hits out at “deeply troubling” £100,000 legal costs over a £265 dispute – Daily Telegraph

Posted November 14th, 2008 in costs, news by sally

“Lawyers ran up legal bills worth £100,000 and spent more than nine days of court time settling a row over £265.”

Full story

Daily Telegraph, 13th November 2008

Source: www.telegraph.co.uk

Are high costs failing those looking for justice? – The Times

Posted November 13th, 2008 in costs, fees, news, special report by sally

“The fundamental review of costs of litigation in the civil courts set up under Lord Justice Jackson was described as the biggest thing since the Woolf report, at the Civil Justice Council’s (CJC) costs forum last month — which is appropriate, given that high costs are a particular failure of the former Lord Chief Justice’s reforms.”

Full story

The Times, 13th November 2008

Source: www.timesonline.co.uk

R (Buglife — The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corpn – WLR Daily

Posted November 11th, 2008 in fees, judicial review, law reports, protective costs orders by sally

R (Buglife — The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corpn [2008] EWCA Civ 1209; [2008] WLR (D) 348

“On an application for a protective costs order the principles set out in the authorities were to be applied and the procedure followed in a flexible way, taking into account the circumstances of the particular case. The costs in general should be relatively modest and were likely to be capped. In deciding the amount of any cap on liability the agreed success fee for a conditional fee agreement was relevant and as a result was to be disclosed to the court.”

 

WLR Daily, 10th November 2008

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.

R (Hillingdon London Borough Council and others) v Lord Chancellor and another – WLR Daily

Posted November 10th, 2008 in costs, family courts, fees, judicial review, practice directions by sally

R (Hillingdon London Borough Council and others) v Lord Chancellor and another [2008] EWHC 2683 (Admin); [2008] WLR (D) 347

WLR DAily, 7th November 2008

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.

Plan to make criminals pay defence costs – The Independent

Posted November 7th, 2008 in costs, news by sally

“Defendants convicted at the Crown Court may have to pay towards the cost of their defence under proposals announced today aimed at saving £50m from legal aid.”

Full story

The Independent, 6th November 2008

Source: www.independent.co.uk

Consultations launched on payment of Crown Court defence costs – Ministry of Justice

Posted November 6th, 2008 in costs, Crown Court, legal aid, news by sally

“Those found guilty of criminal offences may have to pay towards the cost of their defence the government announced today as it published two consultation papers.”

Full story

Ministry of Justice, 6th November 2008

Source: www.justice.gov.uk

Warner v Verfides (a Firm) – Times Law Reports

Posted November 6th, 2008 in costs, disclosure, insolvency, law reports, privacy by sally

Warner v Verfides (a Firm)

Chancery Division

“Documents created by one party and sent to another did not necessarily cease to be correspondence, to which the privacy provisions of article 8 of the European Convention on Human Rights could apply, when they were received by the latter.”

The Times, 6th November 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.

Why David must still be able to take on The Daily Goliath – The Times

Posted November 6th, 2008 in costs, defamation, fees, special report by sally

“Lawyers are not popular and never less so than when they demand their fees. But to be really despised, we must fight and win a “no win, no fee” case and then have the temerity to request payment of our fees with 100 per cent uplift.”

Full story

The Times, 6th November 2008

Source: www.timesonline.co.uk

Why ‘no win, no fee’ is bringing access to justice – The Times

Posted November 6th, 2008 in class actions, costs, fees, news by sally

“The slow squeezing of life out of the legal aid system over the past decade and the impact it has had on money available to fund group claims led to multiparty specialists concluding that — with only rare exceptions — such claims were doomed.”

Full story

The Times, 6th November 2008

Source: www.timesonline.co.uk

Probe ordered into litigation costs – The Times

Posted November 4th, 2008 in costs, news by sally

“A senior judge has been appointed to conduct a root and branch review of civil litigation costs prompted by fears that they are spiralling out of control.”

Full story

The Times, 4th November 2008

Source: www.timesonline.co.uk

Lord Justice Jackson appointed to undertake review of civil costs – Judiciary of England and Wales

Posted November 4th, 2008 in costs, news by sally

“The Master of the Rolls has appointed Lord Justice Jackson to lead a fundamental review into the costs of civil litigation.”

Full story

Judiciary of England and Wales, 3rd November 2008

Source: www.judiciary.gov.uk

Court cases cost too much, says judge – Daily Telegraph

Posted November 4th, 2008 in costs, fees, news by sally

“England’s senior civil judge has commissioned a one-year ‘fundamental’ review of legal costs, with the aim of improving access to justice.”

Full story

Daily Telegraph, 3rd November 2008

Source: www.telegraph.co.uk

Very High Cost Criminal Cases – significant progress towards a new scheme – Ministry of Justice

Posted October 27th, 2008 in costs, criminal justice, fees, legal aid, legal profession, press releases by sally

“Significant progress is being made towards a new scheme of graduated fees for lawyers in very high cost criminal (VHCC) cases, Justice Secretary Jack Straw said today.”

Full press release

Ministry of Justice, 24th October 2008

Source: www.justice.gov.uk

Bar Council Comments On High Cost Cases Announcement – The Bar Council

Posted October 27th, 2008 in barristers, costs, legal aid, press releases by sally

“Commenting on today’s announcement from the Ministry of Justice (MoJ) of a way ahead in relation to very high cost cases (VHCCs ), Tim Dutton QC, Chairman of the Bar Council said: ‘The Bar is committed to serving the public interest and to undertaking these difficult cases with the most able and experienced barristers, as efficiently as possible and within the constraints of the legal aid budget.’ ”

Full press release 

The Bar Council, 24th October 2008

Source: www.barcouncil.org.uk