Competition tribunal scolds Law Society over disclosure failure – Legal Futures

Posted June 7th, 2017 in competition, costs, disclosure, documents, indemnities, Law Society, news, tribunals by sally

‘The president of the Competition Appeal Tribunal (CAT) has reproached the Law Society for a “deeply unimpressive” explanation of its failure to disclose all the documents it should have done in the Socrates case.’

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Legal Futures, 7th June 2017

Source: www.legalfutures.co.uk

First opt-out class action withdrawn as potential costs outweigh damages – OUT-LAW.com

Posted June 7th, 2017 in class actions, competition, consumer protection, costs, damages, news, tribunals by sally

‘The UK’s first ‘opt-out’ class action claim has been withdrawn on the basis that its costs would outweigh the potential damages available.’

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OUT-LAW.com, 5th June 2017

Source: www.out-law.com

First opt-out class action withdrawn after damages found to be insufficient – Litigation Futures

Posted June 6th, 2017 in appeals, class actions, competition, costs, damages, news, tribunals by tracey

‘The first attempt to bring an opt-out class action has failed after a decision of the Competition Appeal Tribunal (CAT) that meant the claim would not be worth enough money to proceed.’

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Litigation Futures, 5th June 2017

Source: www.litigationfutures.com

Socrates case stayed for quantum discussions as tribunal orders Law Society to pay up to £230,000 in costs – Legal Futures

‘The fall-out from the decision that the Law Society breached competition law looks set to last for several more months after the Competition Appeal Tribunal laid out the timetable for determining damages.’

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Legal Futures, 5th June 2017

Source: www.legalfutures.co.uk

Hyde v Milton Keynes NHS Foundation Trust – WLR Daily

Posted June 1st, 2017 in appeals, costs, fees, hospitals, law reports, legal aid by sally

Hyde v Milton Keynes NHS Foundation Trust [2017] EWCA Civ 399

‘The claimant brought a personal injury claim against the defendant under a Community Legal Service funding certificate which was subject to costs limitations. Although the defendant had admitted liability, quantum remained in issue. With the funding certificate nearing exhaustion and the Legal Services Commission refusing further funding, the claimant’s solicitors concluded that the case could not be completed on a funded basis. Accordingly, the claimant entered into a conditional fee agreement (“CFA”) with her solicitors. The solicitors served on the defendant notice of a change in funding arrangements but took no steps to apply for or obtain a formal discharge of the funding certificate. The claim later settled, the defendant having made an increased offer which the claimant accepted. On the assessment of costs, the costs judge concluded that the claimant was entitled to recover from the defendant her costs arising under the CFA, rejecting the defendant’s contention that the CFA was unenforceable by virtue of sections 10(1) and 22(2) of the Access to Justice Act 1999 because it had been entered into at a time when the claimant was “funded” by the commission as part of the Community Legal Service. The judge dismissed the defendant’s appeal, holding that the claimant was not “funded” by the commission, for the purposes of sections 10(1) and 22(2), once the funding certificate had been exhausted, even though the certificate had not been discharged.’

WLR Daily, 23rd May 2017

Source: www.iclr.co.uk

Council ordered to pay £45k in fines and costs after apprentice injured – Local Government Lawyer

‘A city council has been ordered to pay £45,000 in fines and costs after an apprentice suffered serious hand injuries.’

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Local Government Lawyer, 30th May 2017

Source: www.localgovernmentlawyer.co.uk

Protecting the cost of clients’ initial disbursements – Litigation Futures

Posted June 1st, 2017 in civil justice, costs, insurance, news, solicitors by sally

‘The overwhelming majority of solicitors understand the need to offer their clients financial protection during the course of litigation, however, often the inclination is to assist in safeguarding their client’s financial risk is generally befitting when it comes to Issuing Proceedings. At this juncture it becomes appropriate to make a recommendation of the possibility in obtaining After the Event Insurance.’

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Litigation Futures, 31st May 2017

Source: www.litigationfutures.com

Electronic bill of costs compulsory from October – Law Society’s Gazette

Posted May 31st, 2017 in costs, electronic filing, news by sally

‘Solicitors should brace themselves for a major change in the way litigation costs are worked out when a new electronic bill of costs becomes compulsory.’

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Law Society's Gazette, 26th May 2017

Source: www.lawgazette.co.uk

To mediate or not to mediate? – New Law Journal

Posted May 30th, 2017 in arbitration, costs, news by sally

‘Catriona Stewart discusses the possible cost consequences of delayed or abandoned mediation attempts.’

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New Law Journal, 19th May 2017

Source: www.newlawjournal.co.uk

Service charge disputes and recovery of costs – Nearly Legal

Posted May 30th, 2017 in costs, landlord & tenant, news, service charges, tribunals by sally

‘This was an appeal to the UT on various issue arising from an FTT decision. We will not dwell on the issue of specific charges not being consulted on under s.20, but not – as the UT found, overturning the FTT – subject to a Qualifying Long Term Agreement, because the more general point concerned the landlord having put some £11,000 of legal costs on the drawn out service charge disputes through on the service charge (not, we should note, as an administrative charge).’

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Nearly Legal, 28th May 2017

Source: nearlylegal.co.uk

Court of Appeal backs claimants over post-legal aid CFA – Law Society’s Gazette

Posted May 26th, 2017 in appeals, costs, fees, legal aid, news by tracey

‘The Court of Appeal has upheld a conditional fee agreement entered into because legal aid had run out – even though the legal aid certificate had not been formally discharged.’

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Law Society’s Gazette, 24th May 2017

Source: www.lawgazette.co.uk

Landlords found guilty after housing 31 people in four-bed home – Local Government Lawyer

Posted May 25th, 2017 in costs, housing, landlord & tenant, licensing, news by tracey

‘Three family members who received £112,000 a year by housing 31 people into a four-bedroom home in Wembley, have been found guilty of breaching landlord licensing rules.’

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Local Government Lawyer, 24th May 2017

Source: www.localgovernmentlawyer.co.uk

Appeal court judge outlines hesitation at penalising parties who shun mediation – Litigation Futures

Posted May 25th, 2017 in appeals, arbitration, costs, judges, news by tracey

‘Litigants who shun mediation because they want their day in court should not be penalised for their conduct, a Court of Appeal judge has suggested.’

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Litigation Futures, 25th May 2017

Source: www.litigationfutures.com

Angry judge locks up criminal for calling him ‘mate’ in court – Daily Telegraph

Posted May 25th, 2017 in contempt of court, costs, debts, fines, judges, news, racism, sentencing by tracey

‘A judge has thrown a racist who called him “mate” in court behind bars for being disrespectful.’

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Daily Telegraph, 24th May 2017

Source: www.telegraph.co.uk

Mercantile courts to trial fixed costs from later this year – OUT-LAW.com

Posted May 24th, 2017 in civil procedure rules, costs, courts, judges, news, pilot schemes by sally

‘A fixed costs pilot scheme could get underway in the mercantile courts by the end of this year, according to minutes from recent meetings of the Civil Procedure Rules Committee (CPRC).’

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OUT-LAW.com, 23rd May 2017

Source: www.out-law.com

Judge outlines concern over “extraordinary” £129m costs of RBS in defending rights issue case – Litigation Futures

Posted May 24th, 2017 in banking, costs, insurance, judges, news, payment into court by sally

‘The judge in charge of the RBS rights issue litigation has outlined his “very great concern” about the “extraordinary” costs racked up by the bank, which are currently estimated at £129m.’

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Litigation Futures, 24th May 2017

Source: www.litigationfutures.com

Exclusive: Jackson “moving away” from £250,000 upper limit for fixed-cost cases – Litigation Futures

Posted May 23rd, 2017 in costs, negligence, news, personal injuries, reports by tracey

‘A widespread consensus has emerged that Lord Justice Jackson is backing away from extending fixed recoverable costs to cases worth up to £250,000, Litigation Futures can report – although what level he is now looking at is unknown.’

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Litigation Futures, 23rd may 2017

Source: www.litigationfutures.com

Co-op fined for wet floor slip death in Truro shop – BBC News

Posted May 22nd, 2017 in accidents, costs, fines, health & safety, news by tracey

‘The Co-op has been fined £400,000 over the death of a man who slipped on water leaking from a faulty sandwich chiller.’

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BBC News, 22nd May 2017

Source: www.bbc.co.uk

Court criticises party for ‘completely unrealistic’ view of other side’s costs – OUT-LAW.com

Posted May 19th, 2017 in budgets, case management, costs, news, proportionality by tracey

‘A High Court judge has accused costs lawyers of “abuse of the cost budgeting process” following an “unjustifiably low” estimate of the other side’s costs.’

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OUT-LAW.com, 18th May 2017

Source: www.out-law.com

Unreasonable Behaviour – Costs on the Small Claims Track – Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269 – Zenith PI Blog

Posted May 18th, 2017 in appeals, costs, news, personal injuries, small claims by tracey

‘In 2002, Mr. Dammermann entered into a mortgage with a bank. He defaulted on that mortgage and LPA receivers were appointed. The receivers appointed Lanyon Bowdler to conduct the sale of the property. On sale of the property Lanyon rendered a bill to the receivers that was paid and became part of the secured liability. Mr. Dammermann issued proceedings contesting the legal fees charged.’

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Zenith PI Blog, 17th May 2017

Source: www.zenithpi.wordpress.com