‘The lawyers are the only beneficiaries of a “nihilistic” divorce dispute that has cost £2.3m in legal fees, with the couple’s children the main losers, a High Court judge has ruled.’
Legal Futures, 29th October 2021
Source: www.legalfutures.co.uk
‘In Ho v Adelekun [2021] UKSC 43, the Supreme Court considered the mechanics of qualified one-way costs shifting (QOCS). The claimant was injured in a road traffic accident in 2012. In 2017, she was offered £30,000 by the defendant in settlement of her claim in what was described as a “Part 36 offer letter”. In that letter, the defendant offered to pay the claimant’s costs “in accordance with Part 36 rule 13”, such costs to be subject to detailed assessment if not agreed, if the offer was accepted within 21 days. The claimant decided to accept the offer and a Tomlin order was subsequently made by consent. However, the defendant then argued that the claimant’s costs were limited to the fixed costs recoverable in accordance with the terms of Part 45 Section IIIA of the Civil Procedure Rules.’
Law Society's Gazette, 25th October 2021
Source: www.lawgazette.co.uk
‘Having blanked his screen and left the ongoing court proceedings to pick up his son from school, the Claimant’s expert witness in Robinson v (1) Liverpool University Hospital NHS Foundation Trust (2) Mercier (County Court at Liverpool, 9 September 2021), Dr Mercier, was initially oblivious of the court’s direction that the Defendant trust would have 21 days to consider whether to pursue a third-party costs order (“TCPO”) against the expert.’
Ropewalk Clinical Negligence Blog, 19th October 2021
Source: www.ropewalk.co.uk
‘The Court of Appeal has ruled that a judge was correct to include some costs in a maintenance-based award, after the claimant had successfully secured part of her father’s estate.’
Law Society's Gazette, 15th October 2021
Source: www.lawgazette.co.uk
‘A High Court judge has opted against making a wasted costs order against global firm Baker McKenzie following an application from their litigation opponents.’
Law Society's Gazette, 12th October 2021
Source: www.lawgazette.co.uk
‘The Supreme Court has held that defendants cannot set off opposing costs orders in cases covered by qualified one-way costs shifting (QOCS), in what has been hailed as a significant win for claimants.’
Legal Futures, 6th October 2021
Source: www.legalfutures.co.uk
‘Social landlords who do not challenge costs are potentially overpaying by tens of thousands of pounds in some of these matters. Alex Bagnall explains how they can secure significant reductions.’
Local Government Lawyer, 17th September 2021
Source: www.localgovernmentlawyer.co.uk
‘Lawyers chasing personal injury firms over the deductions from former clients’ damages have been handed a huge twin boost by the court.’
Law Society's Gazette, 17th September 2021
Source: www.lawgazette.co.uk
‘Fixed recoverable costs are being expanded – and despite opposition from lawyers who accuse the government of “shoe-horning” cases into a simpler system, the government appears unlikely to budge.’
Law Society's Gazette, 13th September 2021
Source: www.lawgazette.co.uk
‘The Ministry of Justice (MoJ) yesterday confirmed that it will implement Sir Rupert Jackson’s blueprint for fixed recoverable costs (FRC) across the fast-track and in most money cases worth up to £100,000.’
Legal Futures, 7th September 2021
Source: www.legalfutures.co.uk
‘This was a second appeal to the Court of Appeal from the Upper Tribunal on two issues arising from long running litigation between the freeholder, West India Quay and the head lessee, East Tower Apartments (ETAL) on the arrangements for and charging for utilities for the residential parts of the building (a 33 storey tower, including a hotel). The initial proceedings brought by ETAL had gone through the FTT and the Upper Tribunal and had resulted in a significant reduction in charges. For our purposes, the relevant part of these decisions where that ‘Switch 2) – the utility provider – had levied “standing charges” (actually costs for reading meters and preparing bills) from 2008 onwards. The freeholder had included these charges in the utility charge to the lessee. The FTT had found that they were not recoverable, as there had never been “a contractually valid demand for them as service charges, and it was not open to the Landlord to “re-allocate” them as general service charge.”’
Nearly Legal, 5th September 2021
Source: nearlylegal.co.uk
‘The High Court has ordered that a Defendant is not liable for costs incurred arising from a dispute over who the Litigation Friend should be. Sean Linley reports.’
Local Government Lawyer, 27th August 2021
Source: www.localgovernmentlawyer.co.uk
‘The issue of recovering legal costs for a defendant who successfully applied to stay a private prosecution, on grounds of abuse of process, was considered and decided upon by the Court of Appeal (Criminal Division) in Muhammed Asif v Adil Iqbal Ditta and Noreen Riaz [2021] EWCA Crim 1091 (judgment 15th July 2021).’
25 Bedford Row, 9th August 2021
Source: www.25bedfordrow.com
‘A costs judge has ruled that a claimant acted unreasonably in not using the portal for a claim that proved to be vastly overvalued.’
Law Society's Gazette, 23rd August 2021
Source: www.lawgazette.co.uk
‘The new guideline hourly rates (GHR) will not formally come into force until 1 October but the High Court yesterday took them into account when dealing with a summary assessment.’
Legal Futures, 24th August 2021
Source: www.legalfutures.co.uk
‘A judge has rejected claims by the wife of a convicted Kazakh businessman that she was overcharged by a London law firm for her asylum application and described the allegations of misconduct she levelled as “regrettable”.’
Legal Futures, 23rd August 2021
Source: www.legalfutures.co.uk
‘A judge who had “no information at all” as to how the defence of a dormant law firm was being funded was right not to ignore the issue, appeal judges have ruled.’
Legal Futures, 18th August 2021
Source: www.legalfutures.co.uk
‘A private landlord operating an unlicensed and overcrowded property in Kensal Green has been told to pay more than £21,000 in fines and costs by Willesden Magistrates’ Court.’
Local Government Lawyer, 10th August 2021
Source: www.localgovernmentlawyer.co.uk
‘As Lord Justice Coulson warned at the start of his judgment in the recent Court of Appeal decision in Goknur Gida Maddeleri Enerji Imalet Ithalat Ihracat Ticaret Ve Sanayi AS v Aytacli [2021] EWCA Civ 1037:
“For those who believe that most civil litigation does not end up being about the costs that were incurred in pursuing that same litigation in the first place, look away now.”’
3PB, 30th July 2021
Source: www.3pb.co.uk
‘A High Court judge has told Liverpool City Council to revisit whether it should grant an indemnity to its former elected mayor Joe Anderson to defend criminal allegations.’
Local Government Lawyer, 3rd August 2021
Source: www.localgovernmentlawyer.co.uk
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