CAT gives truck buyers green light to pursue costs – Litigation Futures

Posted January 8th, 2020 in appeals, class actions, competition, costs, news, transport, tribunals by sally

‘The Competition Appeal Tribunal (CAT) has given the claimants in the truck cartel litigation the green light to move forward without delay to a detailed assessment of the costs of a preliminary hearing given the two sides’ contrasting financial resources.’

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Litigation Futures, 8th January 2020

Source: www.litigationfutures.com

Tafida Raqeeb: Costs Judgment – Transparency Project

‘In 2019, we reported on the tragic case of Tafida Raqeeb. Raqeeb v Barts Health NHS Trust [2019] EWHC 2531 (Admin) and [2019] EWHC 2530 (Fam)). As a brief reminder, Tafida Raqeeb, now aged 5, experienced a catastrophic brain injury in February 2019. The treating hospital believed that it was in her best interests for treatment to be withdrawn. Tafida’s parents disagreed and wished for life-sustaining treatment to continue. They sought alternative options and wanted to take Tafida to Italy for treatment. The Hospital Trust applied to the family court for permission to withdraw treatment. Tafida’s parents also sought judicial review of the Trust’s decision, arguing that the refusal by the Trust to allow Tafida’s parents to transfer her to Italy was an infringement of her EU rights. Mr Justice MacDonald decided that the decision of the Trust was unlawful but declined to grant relief to Tafida. In the proceedings under the Children Act 1989, the application of the NHS Trust, for an order that treatment be withdrawn, was dismissed.’

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Transparency Project, 3rd January 2020

Source: www.transparencyproject.org.uk

Part 36 offers cannot exclude interest to be valid – Litigation Futures

Posted December 20th, 2019 in appeals, civil procedure rules, costs, interest, news, part 36 offers by tracey

‘Part 36 offers which specifically exclude interest are not valid, the Court of Appeal has ruled – but one of the judges said this should be reconsidered.’

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Litigation Futures, 19th December 2019

Source: www.litigationfutures.com

High Court limits scope of provisional assessment appeals – Litigation Futures

Posted December 16th, 2019 in appeals, civil procedure rules, costs, news, oral hearings by tracey

‘A party’s right to appeal from an oral hearing that follows a provisional assessment is limited to decisions made at the hearing, the High Court has ruled.’

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Litigation Futures, 16th December 2019

Source: www.litigationfutures.com

Solicitor fined £50,000 for misusing client’s interim payments – Legal Futures

‘A solicitor who spent £46,600 of a disabled client’s interim payments on costs and disbursements instead of on rehabilitation, has been fined £50,000 by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 13th December 2019

Source: www.legalfutures.co.uk

Misconduct accusation rejected despite claim value rising by £20k – Law Society’s Gazette

Posted December 10th, 2019 in costs, news, personal injuries, small claims, solicitors, valuation by sally

‘The High Court has allowed a claimant to recover costs outside the personal injury protocol after they upped the value of the claim from £5,000 to more than £25,000. In the process, a deputy master rejected the defendant’s application that claimant solicitors effectively misled the court about the claim’s true value.’

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Law Society's Gazette, 10th December 2019

Source: www.lawgazette.co.uk

Disclosure pilot for the Business & Property Courts – Counsel

‘A cut out & keep guide to Practice Direction 51U and overview of the changes to disclosure procedures in the Business and Property Courts.’

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Counsel, December 2019

Source: www.counselmagazine.co.uk

Judge orders wife and mother-in-law to pay £12m costs bill – Litigation Futures

Posted December 4th, 2019 in costs, fraud, news, third parties by tracey

‘The High Court has ordered the wife and mother-in-law of a Kazakh businessman, the subject of a “very substantial fraud claim”, to pay the claimants’ costs bill of over £12m.’

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Litigation Futures, 3rd December 2019

Source: www.litigationfutures.com

Former model must lose £2.2m inheritance from Swiss banker boyfriend, court rules – Daily Telegraph

Posted November 29th, 2019 in bereavement, children, costs, families, financial dispute resolution, news, Supreme Court by tracey

‘Aformer model must lose the £2.2m inheritance from her Swiss banker boyfriend, the Court of Appeal has ruled, and instead give it back to his children.’

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Daily Telegraph, 28th November 2019

Source: www.telegraph.co.uk

“Reasonable” for LiP not to understand obligations – Litigation Futures

Posted November 27th, 2019 in appeals, costs, HM Revenue & Customs, litigants in person, news, tribunals by sally

‘Litigants in person (LiPs) who “do little to promote their cases until they are absolutely forced to” and do not “understand, let alone research” their obligations can still be regarded as acting reasonably, the First-tier Tribunal (FTT) has ruled.’

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Litigation Futures, 27th November 2019

Source: www.litigationfutures.com

High Court: CFA was a contentious business agreement – Litigation Futures

Posted November 26th, 2019 in costs, fees, news, solicitors by tracey

‘A conditional fee agreement (CFA) can be a contentious business agreement (CBA) under the Solicitors Act 1974, the High Court has ruled.’

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Litigation Futures, 26th November 2019

Source: www.litigationfutures.com

CA: Part 36 offer did not contract out of fixed costs – Litigation Futures

Posted November 20th, 2019 in costs, news, part 36 offers, road traffic by sally

‘A defendant who settles a claim that leaves the RTA protocol with a part 36 offer including the usual wording about paying costs on the standard basis is not contracting out of fixed costs, the Court of Appeal has ruled.’

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Litigation Futures, 19th November 2019

Source: www.litigationfutures.com

Appeal court re-establishes fixed costs for claim headed to multi-track – Law Society’s Gazette

Posted November 20th, 2019 in costs, news, part 36 offers, road traffic by sally

‘The Court of Appeal has ruled that claimant solicitors should settle for fixed costs in a ruling that could send shivers through the claims sector.’

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Law Society's Gazette, 19th November 2019

Source: www.lawgazette.co.uk

Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB) – St John’s Buildings

Posted November 19th, 2019 in accidents, costs, disclosure, insurance, news, personal injuries, road traffic by sally

‘This appeal and cross appeal were about a road traffic accident that the Defendant alleged had been staged. Ultimately, the Defendant succeeded in demonstrating that the Claimant had presented a claim that was fundamentally dishonest, albeit that the Court found that his dishonesty related to quantum rather than liability.’

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St John's Buildings, 5th November 2019

Source: stjohnsbuildings.com

County Court considers costs rules in personal injury case (Khan v Aviva Insurance Ltd) – Hardwick Chambers

Posted November 19th, 2019 in case management, civil procedure rules, costs, news, personal injuries by sally

‘Personal Injury analysis: Where the personal injury aspect of a claim had resulted in the case being allocated to the fast track, the claimant was awarded costs to be assessed on the normal fixed costs basis under CPR 45.29B. The decision offers a useful affirmation of the default costs rules that will be applied by the courts in fast track claims. Colm Nugent, barrister at Hardwicke Chambers, discusses this case.’

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Hardwicke Chambers, 12th November 2019

Source: hardwicke.co.uk

Late evidence does not mean automatic protocol exit – Litigation Futures

Posted November 15th, 2019 in appeals, civil procedure rules, costs, damages, employment, evidence, news, pre-action conduct by tracey

‘A circuit judge was wrong to find that an employer’s liability claim automatically exited the pre-action protocol because the defendent challenged the late service of evidence at the stage 3 hearing, the Court of Appeal has ruled.’

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Litigation Futures, 14th November 2019

Source: www.litigationfutures.com

Defendant pays an extra £65,000 after fractional Part 36 defeat – Law Society’s Gazette

Posted November 15th, 2019 in contracts, costs, damages, interest, news, part 36 offers by tracey

‘A losing party has been ordered to pay an extra £65,000 after declining to settle a case over a difference amounting to less than £5,000.’

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Law Society's Gazette, 15th November 2019

Source: www.lawgazette.co.uk

The future for me is already a thing of the past – Nearly Legal

Posted November 13th, 2019 in appeals, costs, housing, landlord & tenant, news, repairs, third parties by sally

‘This is an important Court of Appeal decision concerning Landlord and Tenant Act 1985, s.19(2) and the reasonable sum payable in advance on account of works where the landlord may be able in future to recover some of the costs from a third party.’

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Nearly Legal, 12th November 2019

Source: nearlylegal.co.uk

£500 “not enough” to pay for LiP’s legal advice on settlement – Litigation Futures

Posted November 12th, 2019 in costs, employment tribunals, fees, litigants in person, news, unfair dismissal by sally

‘Employers paying for an employee to speak to a lawyer about settling a dismissal dispute need to stump up significantly more than £500 for proper legal advice, the Employment Appeal Tribunal (EAT) has ruled.’

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Litigation Futures, 12th November 2019

Source: www.litigationfutures.com

A novel and effective costs order – Law Society’s Gazette

Posted November 11th, 2019 in budgets, costs, damages, news, striking out by sally

‘In the recent case of Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd (Costs) [2019] EWHC 2338 (Comm), Christopher Hancock QC (sitting as a judge of the High Court) made an order against the defendant for payment of costs on account in the event that the defendant failed to comply with an ‘unless order’. Orexim followed the approach of Mr Justice Coulson (as he then was) in Bruce MacInnes v Hans Thomas Gross [2017] EWHC 127 (QB).’

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Law Society's Gazette, 11th November 2019

Source: www.lawgazette.co.uk