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to conclude that the appropriate course was to make no order for costs in a housing case where legal proceedings were withdrawn because the claimant had obtained all the relief she was seeking, the Court of Appeal has found.’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

Cyclist settles case for £30,000 after hitting pedestrian who was looking at phone – The Guardian

Posted February 25th, 2020 in bicycles, compensation, costs, news, personal injuries by sally

‘A cyclist who knocked over a woman who was looking at her mobile phone while crossing a road and was then threatened with financially ruinous legal costs has settled the case.’

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The Guardian, 24th February 2020

Source: www.theguardian.com

Patents – Conversant Wireless Licensing v Huawei Technologies Co. Ltd and Others – NIPC Law

Posted February 24th, 2020 in case management, costs, disclosure, licensing, news, patents, proportionality by sally

‘This was an application by the claimant, Conversant Wireless Licensing SARL for disclosure of the licence agreements and assignments relating to 3G and 4G patents that had been entered by the defendants, Huawei Technologies Co Ltd., ZTE (UK) Limited and their British subsidiaries. Substantially the same application had been made to His Honour Judge Hacon at the case management conference in the action which took place in July 2019. The later application was heard by Mr Justice Birss who delivered judgment in Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd and others [2020] EWHC 256 (Pat) on 10 Feb 2020. The reference to the CMC in the transcript of Mr Justice Birss’s judgment is [2009] EWHC 1982 (Pat) but I think that must be a misprint for [2019].’

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NIPC Law, 22nd February 2020

Source: nipclaw.blogspot.com

Parties can contract out of fixed costs regime – Litigation Futures

Posted February 24th, 2020 in accidents, compensation, costs, news, personal injuries by sally

‘Parties can agree to contract out of fixed costs, a regional costs judge has ruled.’

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Litigation Futures, 24th February 2020

Source: www.litigationfutures.com

Senior judges mull guideline hourly rate review – Litigation Futures

Posted February 21st, 2020 in civil justice, costs, courts, fees, judges, news by sally

‘A group of senior judges at the helm of the civil courts are considering a review of the guideline hourly rates (GHR) “as a matter of urgency”, it has emerged.’

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Litigation Futures, 21st February 2020

Source: www.litigationfutures.com

Court rejects judicial review over failure to extend QOCS – Litigation Futures

‘The High Court has rejected a challenge to the Ministry of Justice’s (MoJ) failure to extend qualified one-way costs shifting (QOCS) to discrimination claims in the county court.’

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Litigation Futures, 20th February 2020

Source: www.litigationfutures.com

Points of dispute “must be precise and focused” – Litigation Futures

Posted February 21st, 2020 in appeals, costs, fees, law firms, news, solicitors by sally

‘Points of dispute (PoDs) in detailed assessments must help the parties and court “determine precisely what is in dispute and why”, the Court of Appeal has ruled.’

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Litigation Futures, 20th February 2020

Source: www.litigationfutures.com

Ainsworth v Stewarts Law – the Court of Appeal gives guidance on solicitor/client costs disputes – Hardwicke Chambers

‘This decision is important for any professional involved in solicitor and client disputes. The judgment is another example of the senior courts being willing to uphold robust case management decisions of first instance judges. Here the court held that “the judge was entitled to take the course he did which was well within the ambit of the proper exercise of his discretion.”’

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Hardwicke Chambers, 19th February 2020

Source: hardwicke.co.uk

QOCS rule to change but not in relation to Tomlin orders – Litigation Futures

Posted February 18th, 2020 in civil procedure rules, costs, news, personal injuries by sally

‘An urgently needed amendment to the rules on qualified one-way costs shifting (QOCS) in so-called mixed claims will come into force in the coming weeks, the Civil Procedure Rule Committee (CPRC) has decided.’

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Litigation Futures, 18th February 2020

Source: www.litigationfutures.com