Medical agency admin fee “not recoverable” as part of fixed costs – Litigation Futures

‘Defendant solicitors have welcomed a ruling that medical agency costs are irrecoverable under the fixed-costs regime.’

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Litigation Futures, 17th June 2021

Source: www.litigationfutures.com

Duncan Lewis issues JR proceedings over immigration reforms – Law Society’s Gazette

‘Controversial immigration reforms that could see lawyers hit with wasted costs looks set to be the centre of a High Court showdown. High-profile firm Duncan Lewis announced yesterday that it has issued judicial review proceedings on behalf of five clients over the Home Office’s New Plan for Immigration consultation, which closed last month.’

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Law Society's Gazette, 10th June 2021

Source: www.lawgazette.co.uk

Costs orders – litigate at your peril – Family Law

‘It seems there has been a never-ending line of costs commentary flowing through the reported decisions from financial remedy courts as of late. There is a clear trend of encouraging the making of costs orders; something that was far from the norm of no costs orders in contested financial remedy proceedings a few years ago. The reasons for this encouragement are many and possibly speculative; perhaps a by-product of the cuts to Legal Aid and therefore the lack of access to legal representation inevitably leading to extensive, unnecessary, and unmeritorious litigation, perhaps a consequence of the continued backlog in the family courts, perhaps an ancillary product of the widening parameters of judicial discretion and uncertainty?’

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Family Law, 3rd June 2021

Source: www.familylaw.co.uk

Claimants awarded £2,000 damages – and ordered to pay £500,000 interim costs – Law Society’s Gazette

‘A litigant in a building dispute who claimed £3.7m in damages – only to be awarded just £2,000 at trial – has been hit with a costs bill of at least £500,000.’

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Law Society's Gazette, 2nd June 2021

Source: www.lawgazette.co.uk

Court rejects appeal from solicitor struck off for gross overcharging – Legal Futures

Posted May 18th, 2021 in costs, disciplinary procedures, executors, news, remuneration, solicitors by sally

‘The High Court has rejected an appeal from a solicitor struck off after charging an estate where he was sole executor over eight times the reasonable remuneration to which he was entitled under the will.’

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Legal Futures, 18th May 2021

Source: www.legalfutures.co.uk

Judicial guidance on DBAs – Law Society’s Gazette

Posted May 17th, 2021 in appeals, costs, damages, fees, legal representation, news, solicitors by sally

‘In Zuberi v Lexlaw Ltd [2021] EWCA Civ 16, the Court of Appeal has provided important guidance on the nature of damages-based agreements (DBAs). By way of reminder, a DBA is a funding arrangement between a lawyer and a client whereby the lawyer’s fees are dependent upon the success of the case and are determined as a percentage of the damages received by the client. Under a DBA, a lawyer may not recover costs more than the total amount chargeable to the client under the DBA, and will not receive anything in the event that the case is unsuccessful. It should be noted that regulation 4(1) of the Damages-Based Agreements Regulations 2013 does not permit legal representatives to charge costs and expenses if the client terminates the retainer, whereas regulation 8 (which applies only to employment matters) does. This apparent conflict was considered in Zuberi.’

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Law Society's Gazette, 17th May 2021

Source: www.lawgazette.co.uk

Barrister reprimanded for talking to lay opponent without their lawyer – Legal Futures

‘A barrister whose actions in speaking to the opposing lay client in the absence of their lawyer led a court to adjourn a hearing has been sanctioned by a disciplinary tribunal.’

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Legal Futures, 14th May 2021

Source: www.legalfutures.co.uk

Buckland urged to retain choice for court-assessed legal aid bills – Law Society’s Gazette

Posted May 14th, 2021 in consultations, costs, Law Society, legal aid, Ministry of Justice, news by tracey

‘The Ministry of Justice has been urged not to bring court-assessed civil legal aid bills in-house amid impartiality and transparency concerns as well as the impact on an already-dwindling supplier base.’

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Law Society's Gazette, 13th May 2021

Source: www.lawgazette.co.uk

High Court judge explains £250k cost-capping order in PPE procurement proceedings – Local Government Lawyer

‘A High Court judge has given her reasons for making a costs capping order of £250,000 in respect of both the claimants, the Good Law Project and EveryDoctor, and the defendant, the Secretary of State for Health and Social Care, in the procurement challenge over the award of contracts for the supply of personal protective equipment (PPE).’

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Local Government Lawyer, 10th May 2021

Source: www.localgovernmentlawyer.co.uk

Rent Repayment Order and legal costs – Nearly Legal

Posted May 10th, 2021 in costs, documents, housing, landlord & tenant, licensing, news, rent by tracey

‘Leibel v Baird CHI/29UC/HMF/2020/0035 (4 May 2021). This was an application for a rent repayment order in respect of an unlicensed property. Unusually, it also featured a rule 13 costs application by the tenant.’

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Nearly Legal, 9th May 2021

Source: nearlylegal.co.uk

High Court orders urgent trial in claim by Liverpool mayor for indemnity against legal costs – Local Government Lawyer

Posted May 7th, 2021 in corruption, costs, indemnities, local government, news by sally

‘The High Court in Manchester has ordered that an urgent trial take place of the claim by Joe Anderson, the Mayor of Liverpool, that Liverpool City Council are acting unlawfully in refusing to provide him with the same indemnity against legal costs offered to other council members.’

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Local Government Lawyer, 6th May 2021

Source: www.localgovernmentlawyer.co.uk

Budget variation application failed promptness test, master rules – Litigation Futures

Posted April 15th, 2021 in budgets, civil procedure rules, costs, drafting, negligence, news by sally

‘A High Court master has sent out a strong message on the need to seek budget variations promptly after refusing a bid to increase two claimants’ budgets by £1.3m.’

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Litigation Futures, 13th April 2021

Source: www.litigationfutures.com

Proposed guideline hourly rates too low, lawyers argue – Litigation Futures

Posted April 7th, 2021 in costs, legal profession, news by sally

‘The review of the guideline hourly rates (GHR) has been widely criticised for only considering the costs judges have allowed, rather than what lawyers have claimed.’

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Litigation Futures, 6th April 2021

Source: www.litigationfutures.com

Court of Appeal urges Part 36 clarity after rejecting ‘not genuine’ offer – Law Society’s Gazette

Posted April 7th, 2021 in appeals, causation, costs, damages, news, part 36 offers, personal injuries by sally

‘The Court of Appeal has sent a firm message to litigators about the details required in a Part 36 after ruling that a claimant’s offer to settle at 90% was not genuine.’

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Law Society's Gazette, 7th April 2021

Source: www.lawgazette.co.uk

‘Not two sets of rules’: Litigant in person handed £100k costs bill – Law Society’s Gazette

Posted April 6th, 2021 in costs, indemnities, litigants in person, news by sally

‘A litigant in person has been ordered to pay almost £100,000 in interim costs after another reminder from the court that unrepresented people cannot expect special treatment.’

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Law Society's Gazette, 6th April 2021

Source: www.lawgazette.co.uk

Housing case law update – March 2021 – Local Government Lawyer

‘Paul Lloyd, Helen Gascoigne and Catherine Craven analyse the latest court rulings and Ombudsman investigations of interest to housing associations and local authorities.’

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Local Government Lawyers, 30th March 2021

Source: www.localgovernmentlawyer.co.uk

Costs in financial remedy cases: LM v DM (Costs Ruling) [2021] EWFC 28A short but important judgment Date:30 MAR 2021 – Family Law

Posted March 31st, 2021 in costs, family courts, financial provision, news, practice directions by tracey

‘A short but important judgment emphasising the costs consequence that a litigant may face if they have failed to negotiate openly and reasonably in the context of financial remedy proceedings was handed down by Mostyn J on 12 March 2021 in the case of LM v DM (Costs Ruling) [2021] EWFC 28.’

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Family Law, 30th March 2021

Source: www.familylaw.co.uk

Managing costs in complex children cases – Family Law

Posted March 31st, 2021 in child arrangements orders, costs, family courts, legal aid, news by tracey

‘In November 2020 Spice Girl Mel B was in the news, despairing about how the legal costs of trying to relocate her daughter Madison from the US to England were likely to bankrupt her, leading to her withdrawing her relocation application. The figure of $500,000 quoted included legal fees of $400,000 and $100,000 in accounting fees.’

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Family Law, 30th March 2021

Source: www.familylaw.co.uk

Accepting cap on damages deduction “equals informed consent” – Litigation Futures

Posted March 29th, 2021 in consent, costs, damages, fees, news, solicitors by tracey

‘A solicitor telling a client that they will deduct up to 25% of damages to cover costs not recovered in a low-value personal injury case amounts to informed consent, a regional costs judge has ruled.’

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Litigation Futures, 29th March 2021

Source: www.litigationfutures.com

Court can order solicitor to attend wasted costs cross-examination – Litigation Futures

Posted March 12th, 2021 in civil procedure rules, costs, courts, cross-examination, news, solicitors by sally

‘The court has the power to require a solicitor to attend court for cross-examination in respect of a wasted costs application, a High Court judge has ruled.’

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Litigation Futures, 11th March 2021

Source: www.litigationfutures.com