Warning over fall-out from witness statement crackdown – Litigation Futures

‘A judicial crackdown on overlong witness statements puts lawyers at risk of wasted costs orders and professional negligence claims, a barrister has warned.’

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Litigation Futures, 9th April 2020

Source: www.litigationfutures.com

Appeal court urges rethink over set-off in QOCS cases – Litigation Futures

Posted April 14th, 2020 in appeals, civil procedure rules, costs, news, part 36 offers, set-off by sally

‘The Court of Appeal has urged the Civil Procedure Rule Committee to consider preventing defendants setting off costs in cases covered by qualified one-way costs shifting (QOCS).’

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Litigation Futures, 14th April 2020

Source: www.litigationfutures.com

High Court forces GLO on Leigh Day and Hausfeld – Litigation Futures

Posted April 9th, 2020 in case management, costs, law firms, miners, news by sally

‘The High Court has rejected efforts by claimant law firms Leigh Day and Hausfeld to keep their actions against a Zambian copper mine operator separate, making a group litigation order (GLO) sought by the defendants.’

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Litigation Futures, 8th April 2020

Source: www.litigationfutures.com

Junior solicitor who lied about lost documents struck off – Legal Futures

‘A junior solicitor at the Solicitors Regulation Authority’s (SRA) external advisers Capsticks lied about losing documents she was working on while acting for the regulator in a data protection case.’

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Legal Futures, 6th April 2020

Source: www.legalfutures.co.uk

Judge upholds acceptance of ‘mistaken’ £0 part 36 offer – Litigation Futures

‘A claimant who issued proceedings after the defendant accepted a part 36 offer for £0 – which he said had been made by mistake – has had his claim struck out for abuse of process.’

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Litigation Futures, 7th April 2020

Source: www.litigationfutures.com

APIL and FOIL issue guidance on Covid-19 co-operation – Litigation Futures

Posted April 2nd, 2020 in budgets, claims management, coronavirus, costs, electronic mail, law firms, news by sally

‘Personal injury firms should temporarily agree to accept service by email and freeze limitation periods, according to guidance issued to claimant and defendant lawyers today on the conduct of claims during the Covid-19 crisis.’

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Litigation Futures, 1st April 2020

Source: www.litigationfutures.com

Hot Air – Rope Walk Chambers

Posted April 2nd, 2020 in chambers articles, costs, judicial review, news by sally

‘In his latest Costs article, Andrew Hogan discussed Costs in relation to Judicial review.’

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Rope Walk Chambers, 31st March 2020

Source: www.ropewalk.co.uk

Third party costs order for medical expert deemed ‘not generally competent as an expert’: Thimmaya v Lancashire NHS Foundation Trust – Parklane Plowden

Posted March 24th, 2020 in chambers articles, costs, expert witnesses, news, third parties by sally

‘Sitting at Manchester County Court, HHJ Evans took the path less trodden and ordered a consultant spinal surgeon, acting as the Claimant’s expert witness in clinical negligence proceedings, to pay £88,800 to cover the costs wasted as a result of his input.’

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Parklane Plowden, 4th March 2020

Source: www.parklaneplowden.co.uk

R (Christie Elan-Cane) v Secretary of State for the Home Department – Blackstone Chambers

‘The Court of Appeal has handed down judgment in an appeal brought by a non-gendered person, Christie Elan-Cane, challenging the Government’s policy not to issue non gender-specific “X” passports to non-gendered, non-binary and other trans persons who do not identify as, or exclusively as, male or female.’

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Blackstone Chambers, 10th March 2020

Source: www.blackstonechambers.com

Court of Appeal upholds no order for costs decision in housing case where claimant withdrew proceedings after being given new accommodation – Local Government Lawyer

Posted March 17th, 2020 in causation, costs, housing, judicial review, news by sally

‘A judge was entitled to conclude that the appropriate course was to make no order for costs in a housing case where legal proceedings were withdrawn because the claimant had obtained all the relief she was seeking, the Court of Appeal has found.’

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Local Government Lawyer, 16th March 2020

Source: www.localgovernmentlawyer.co.uk

Are meaning hearings the new norm? – Law Society’s Gazette

Posted March 17th, 2020 in budgets, costs, defamation, interpretation, news by sally

‘While words can mean different things to different people, in libel the parties are concerned with finding the single meaning the words complained of bear. Meaning is important, because it will determine to a large extent what defences a defendant could viably run (for example truth or honest opinion).’

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Law Society's Gazette, 16th March 2020

Source: www.lawgazette.co.uk

Ealing rape victim’s family donate £10,000 to legal claim against CPS – The Guardian

‘The family of Jill Saward, the Ealing rape victim who became a leading figure in the fight against sexual violence, has donated thousands of pounds to a legal challenge against the Crown Prosecution Service.’

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The Guardian, 14th March 2020

Source: www.theguardian.com

Failure to spend budget “not a good reason to depart” – Litigation Futures

Posted March 9th, 2020 in budgets, costs, news, proportionality by tracey

‘A failure to spend the totality of a budgeted figure for a phase because of settlement is not in itself a good reason to depart from a costs budget, a regional costs judge has ruled.’

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Litigation Futures, 6th March 2020

Source: www.litigationfutures.com

Parties praised after first trial in capped costs pilot – Litigation Futures

Posted March 4th, 2020 in costs, leases, local government, news, pilot schemes by sally

‘The first case under the capped costs pilot reached trial last week, with the judge commending the parties for their “significant degree of collaboration” to make it work.’

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Litigation Futures, 2nd March 2020

Source: www.litigationfutures.com

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

Posted March 3rd, 2020 in civil procedure rules, costs, county courts, damages, news, personal injuries by sally

‘Practitioners will be familiar with cases where costs are assessed according to the principles applicable in different tracks. In such circumstances, Khan v Aviva is of practical assistance by reaffirming the court’s general discretion to award issue-based costs, despite the presence of more restrictive costs regimes. The case therefore provides a helpful route to resisting adverse costs orders.’

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Hardwicke Chambers, 21st February 2020

Source: hardwicke.co.uk

Claimant who exited portal by error avoids fixed costs – Litigation Futures

Posted February 28th, 2020 in accidents, civil procedure rules, compensation, costs, news, personal injuries by tracey

‘A costs judge was entitled to find that a case that erroneously exited the portal would have done so legitimately at some stage and so the claimant was entitled to regular, rather than fixed, costs, the High Court has ruled.’

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Litigation Futures, 27th February 2020

Source: www.litigationfutures.com

Funder exposed to costs as CoA says Arkin rule not binding – Law Society’s Gazette

Posted February 27th, 2020 in budgets, champerty, costs, fees, news, third parties by tracey

‘The Court of Appeal has ruled that a litigation funder can be exposed to higher costs than those they committed to backing a claim in a ruling that will send shock-waves through the sector.’

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Law Society's Gazette, 26th February 2020

Source: www.lawgazette.co.uk

Court of Appeal: Arkin cap is not a binding rule – Litigation Futures

Posted February 26th, 2020 in appeals, costs, news, third parties by sally

‘The Arkin cap is not a binding rule and judges have the discretion to order commercial funders to pay more than they have spent on a case, the Court of Appeal has held in a landmark decision.’

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Litigation Futures, 25th February 2020

Source: www.litigationfutures.com

Thimmaya v Lancashire NHS Foundation Trust: The incompetent expert – Hailsham Chambers

‘As all legal practitioners know, good experts win cases. Conversely, bad experts can not only lose cases, but sometimes they can cause a bad case to enter
or remain in existence, wasting time, effort and money. Such was the case in Thimmaya v Lancashire NHS Foundation Trust, where, in a judgment that will understandably alarm the medico-legal world, the County Court decided that a third party costs order should be made against the Claimant’s expert witness, in the sum of £88,801.68.’

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Hailsham Chambers, 21st February 2020

Source: www.hailshamchambers.com

Claimant fails in judicial review challenge over Qualified One-Way Costs-Shifting and discrimination claims – Local Government Lawyer

‘A High Court judge has rejected a judicial review challenge over an asserted decision of the Lord Chancellor not to extend Qualified One-Way Costs-Shifting (QOCS) to discrimination claims in the County Court and/or the failure to extend QOCS to such claims.’

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Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk