“The Civil Justice Council (CJC) looks set to back ‘light-touch’ regulation of the fast-emerging market for third-party dispute funding, in a move that could further usher the model into the mainstream of UK litigation.”
Legal Week, 14th February 2008
Source: www.legalweek.com
“The Legal Services Commission and Ministry of Justice today announced steps that are being taken in order to proceed with the tender to establish a Panel of solicitors and barristers to represent defendants in major criminal cases.”
Ministry of Justice, 5th February 2008
Source: www.wired-gov.net
Gloucestershire County Council v Evans and others: [2008] EWCA Civ 21; [2008] WLR (D) 25
“A conditional fee agreement which provided for payment of a basic rate of £95 per hour, with an enhancement first to £145 per hour as the basic charge on winning the case, and then to £290 per hour, in the event of success for risk element was not contrary s 58(4)(b) of the Courts and Legal Services Act 1990 and art 4 of the Conditional Fee Agreements Order 2000 and was therefore enforceable.”
WLR Daily, 1st February 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.
Court of Appeal
The fact that a successful claimant had not been awarded the whole amount of damages he sought did not mean that the defendant had partially succeeded and the judge could not reduce the claimant’s costs.
The Times, 1st February 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.
“A retired businesswoman who flouted an Anti-Social Behaviour Order imposed after she tyrannised her neighbours in a quiet rural hamlet was warned she will have to pay court costs of £200,000.”
Daily Telegraph, 23rd January 2008
Source: www.telegraph.co.uk
Nelson v Greening and Sykes (Builders) Ltd
Court of Appeal
“Although the practical effect of a beneficial owner of property making a declaration of trust in favour of a third party would be to get rid of the trust of an equitable interest then subsisting, as a matter of law, the beneficial owner would not drop out of the picture but would hold the beneficial interest on trust for the third party.”
The Times, 22nd 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.
“Courts are seeing an increase in cases in which the amount recovered bears no relation to the costs.”
The Times, 11th January 2008
Source: www.timesonline.co.uk
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.
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.
“Litigation lawyers have been cautious in welcoming proposed reforms aimed at cutting the length and cost of complex commercial court cases.”
The Times, 6th December 2007
Source: www.timesonline.co.uk
“The length and cost of mammoth commercial trials is set to be drastically curbed under proposed reforms seen by The Times.”
The Times, 6th December 2007
Source: www.timesonline.co.uk
“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 [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.
“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.”
Legal Week, 21st November 2007
Source: www.legalweek.com
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.
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.
“A police force hauled a child through the courts at a cost of £4,000 for stealing half a sausage roll it has emerged.”
Daily Telegraph, 10th October 2007
Source: www.telegraph.co.uk
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