Category: costs

Losing litigant in mixed claim avoids immediate costs order – Law Society’s Gazette

Posted October 31st, 2022 in civil procedure rules, costs, damages, news, personal injuries by sally

‘A litigant with a mixed claim will not have to pay costs immediately for one part of their claim which has been thrown out already. In Achille v Lawn Tennis Association Services Ltd the Court of Appeal agreed that it was premature for the costs order to be enforced now against claimant Richard Achille. Instead the court should wait until the conclusion of proceedings to decide what costs should follow.’

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Law Society’s Gazette, 28th October 2022

Source: www.lawgazette.co.uk

Failure to comply with PD57AC — it can be costly! – Local Government Lawyer

Posted October 28th, 2022 in costs, drafting, indemnities, local government, news, practice directions, witnesses by sally

‘Amba Griffin-Booth examines the lessons to be learned from a recent case concerning compliance with PD57AC.’

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Local Government Lawyer, 28th October 2022

Source: www.localgovernmentlawyer.co.uk

Belsner: Lawyers win in crucial costs recovery ruling – Law Society’s Gazette

Posted October 28th, 2022 in appeals, codes of practice, costs, damages, law firms, news, personal injuries, solicitors by sally

‘Lawyers have won their appeal in a court ruling that will come as a massive relief across the personal injury market. Judges in the Court of Appeal ruled in Belsner v CAM Legal Services this morning that the firm’s personal injury client had made fair and reasonable deductions from her damages. The deductions were therefore lawful and did not need to be paid back.’

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Law Society’s Gazette, 27th October 2022

Source: www.lawgazette.co.uk

Contracting out of fixed costs in low value personal injury claims – Guildhall Chambers

Posted October 24th, 2022 in accidents, appeals, chambers articles, civil procedure rules, costs, news, part 36 offers, personal injuries by sally

‘In a low value personal injury claim, what is the proper interpretation of the phrase, “such costs to be the subject of detailed assessment if not agreed”? If the parties have agreed such a provision within a consent order compromising the claim, have they effectively ‘contracted out of’ the fixed costs regime that would otherwise be applicable to an ex-Protocol claim? The Court of Appeal considered these questions in this decision.’

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Guildhall Chambers, 13th October 2022

Source: www.guildhallchambers.co.uk

Ventures Food Limited v Little Dessert Shop Ltd [2022] EWHC 2437 – Hailsham Chambers

Posted October 20th, 2022 in chambers articles, costs, news, third parties by sally

‘In this case HHJ Richard Williams (sitting as a High Court Judge) held that significant litigation misconduct by third parties (who had been controlling the litigation conduct of a named party to proceedings) was sufficient to make an order for non-party costs against them.’

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Hailsham Chambers, 7th October 2022

Source: www.hailshamchambers.com

Claim worth £3,000 moved after costs rose towards £50,000 – Law Society’s Gazette

Posted October 11th, 2022 in costs, data protection, news, pleadings, small claims, solicitors by sally

‘A High Court judge has made a veiled warning to solicitors not to over-plead on data protection cases and incur massive costs on unnecessary litigation.’

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Law Society’s Gazette, 10th October 2022

Source: www.lawgazette.co.uk

‘Wagatha Christie’ trial: Vardy ordered to pay up to £1.5m of Rooney’s legal fees – The Guardian

Posted October 5th, 2022 in costs, defamation, evidence, media, news, sport by sally

‘Rebekah Vardy will have to pay up to £1.5m to Coleen Rooney in legal fees after losing yet another stage in the “Wagatha Christie” libel trial.’

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The Guardian, October 2022

Source: www.theguardian.com

Claimant to pay indemnity costs after latest witness statement failure – Legal Futures

Posted September 21st, 2022 in costs, indemnities, news, practice directions, witnesses by sally

‘The High Court has ordered a claimant who seriously breached the rules on witness statements to pay indemnity costs, having exacerbated the situation by dismissing the defendant’s concerns.’

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Legal Futures, 21st September 2022

Source: www.legalfutures.co.uk

Landlord ordered to pay £40k in fine and costs for breaches of property licensing conditions – Local Government Lawyer

Posted August 11th, 2022 in costs, environmental health, fines, housing, landlord & tenant, licensing, local government, news by sally

‘A London landlord who repeatedly failed to comply with licensing regulations, including refusal to provide a kitchen for a tenant, has been ordered to pay £40,000 in fine and costs.’

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Local Government Lawyer, 9th August 2022

Source: www.localgovernmentlawyer.co.uk

Costs in lower-value clin neg cases ‘far exceed damages’ – Law Society’s Gazette

Posted August 8th, 2022 in consultations, costs, damages, doctors, negligence, news by sally

‘Doctors’ representatives in clinical negligence cases have claimed that average costs far outstrip the compensation secured for cases worth less than £25,000.’

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Law Society's Gazette, 5th August 2022

Source: www.lawgazette.co.uk

Home Office paid out £70m in compensation and legal costs last year – The Guardian

Posted August 5th, 2022 in asylum, compensation, costs, detention, government departments, immigration, news, victims by sally

‘£25.1m was handed out to Windrush scandal victims and £12.7m to people wrongfully detained in immigration centres.’

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The Guardian, 5th August 2022

Source: www.theguardian.com

Tommy Robinson fined £900 for contempt of court – The Independent

Posted August 2nd, 2022 in contempt of court, costs, defamation, fines, news by sally

‘Tommy Robinson has been fined £900 for failing to turn up at a High Court hearing to be questioned about his finances.’

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The Independent, 1st August 2022

Source: www.independent.co.uk

Rebekah Vardy loses ‘Wagatha Christie’ libel case against Coleen Rooney – The Guardian

Posted July 29th, 2022 in costs, defamation, evidence, media, news, telecommunications by sally

‘Rebekah Vardy has lost her “Wagatha Christie” libel case against Coleen Rooney, in a dramatic self-inflicted legal defeat that leaves her reputation destroyed.’

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The Guardian, 29th July 2022

Source: www.theguardian.com

Unreasonable refusal to engage with ADR – Law Society’s Gazette

Posted July 29th, 2022 in civil procedure rules, costs, dispute resolution, indemnities, law firms, negligence, news by sally

‘In Richards & Anor v Speechly Bircham LLP & Anor (Consequential Matters) [2022] EWHC 1512 (Comm) HHJ Russen QC (sitting as a judge of the High Court) considered, inter alia, the most appropriate costs order to be imposed on the unsuccessful defendant law firm for refusing to consider and engage in mediation. He concluded, wrongly in my view, that a failure to mediate did not justify an order for costs on an indemnity basis.’

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Law Society's Gazette, 22nd July 2022

Source: www.lawgazette.co.uk

Court of Appeal warns of “perverse incentives” from litigation funding – Legal Futures

Posted July 29th, 2022 in appeals, class actions, competition, costs, news, striking out, third parties, transport, tribunals by sally

‘The Court of Appeal yesterday highlighted the importance of judicial control over costs to ensure that the involvement of third-party litigation funders does not create perverse incentives.’

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Legal Futures, 29th July 2022

Source: www.legalfutures.co.uk

Judge condemns “trench warfare” over witness statements – Legal Futures

Posted July 25th, 2022 in costs, evidence, judges, news, practice directions, witnesses by sally

‘The rules on witness statements should not be seen as encouragement to go through them “with a fine-tooth comb” to identify “as many instances of non-compliance as possible for use in trench warfare”, the High Court has said.’

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Legal Futures, 25th July 2022

Source: www.legalfutures.co.uk

Crackdown on corrupt elites abusing UK legal system to silence critics – Ministry of Justice

Posted July 22nd, 2022 in consultations, costs, disclosure, freedom of expression, limitations, media, Ministry of Justice, news, public interest by sally

‘The Deputy Prime Minister Dominic Raab has today (20 July 2022) set out a package of measures that take aim at so-called “Strategic Lawsuits Against Public Participation” (SLAPPs).’

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Ministry of Justice, 20th July 2022

Source: www.gov.uk

MoJ considers £5,000 costs cap to protect defendants against SLAPPs – Legal Futures

Posted July 22nd, 2022 in consultations, costs, disclosure, freedom of expression, limitations, media, Ministry of Justice, news, public interest by sally

‘The Ministry of Justice (MoJ) has suggested that people defending themselves from strategic lawsuits against public participation (SLAPPs) could be protected by a £5,000 costs cap.’

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Legal Futures, 22nd July 2022

Source: www.legalfutures.co.uk

News focus: CJC forum brainstorms costs reform – Law Society’s Gazette

Posted July 18th, 2022 in civil justice, costs, news by sally

‘Costs lawyers convened at the Civil Justice Council last week to discuss another overhaul. Delegates offered robust opinions, but there was little consensus.’

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Law Society's Gazette, 18th July 2022

Source: www.lawgazette.co.uk

Court of Appeal rejects defendant’s fixed costs challenge – Law Society’s Gazette

Posted July 12th, 2022 in civil procedure rules, costs, news, part 36 offers by sally

‘Fixed costs did not apply to a personal injury case which had fallen out of the protocol, the Court of Appeal has asserted. In Doyle v M&D Foundations & Building Services Ltd, Lord Justice Phillips ruled that there was no ambiguity in an agreed court order requiring the defendant to pay costs that were “subject of detailed assessment if not agreed.” ‘

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Law Society's Gazette, 11th July 2022

Source: www.lawgazette.co.uk