‘Qualified one-way costs shifting should be extended to people pursuing claims under the Equality Act, the High Court heard last week.’
Litigation Futures, 3rd February 2020
Source: www.litigationfutures.com
‘Are all conditional fee agreements also contentious business agreements? And, if so, how might that effect a client’s right to an assessment of the costs charged by her solicitor under the Solicitors Act 1974?’
Ropewalk Chambers, 23rd January 2020
Source: www.ropewalk.co.uk
‘There are “strong public policy grounds” for allowing fee-exempt claimants to claim their court fees from defendants rather than the taxpayer, a judge has ruled.’
Litigation Futures, 28th January 2020
Source: www.litigationfutures.com
‘The NHS in England faces paying out £4.3bn in legal fees to settle outstanding claims of clinical negligence, the BBC has learned through a Freedom of Information request.’
BBC News, 21st January 2020
Source: www.bbc.co.uk
‘The facts of the case were straightforward. The Claimant was riding his motorcycle along a road for which the Local Authority were responsible when he fell and injured himself as a result of a pothole. A claim was brought against the Local Authority. Liability was denied, but after proceedings were served the case settled for a sum of £800.’
Guildhall Chambers, 17th January 2020
Source: www.guildhallchambers.co.uk
‘It is not possible to make a valid Part 36 offer exclusive of interest either generally or in the context of detailed assessment proceedings, the Court of Appeal has ruled in a case involving a local authority.’
Local Government Lawyer, 20th January 2020
Source: www.localgovernmentlawyer.co.uk
‘The First Claimant (“the Owner”) owned a marine vessel damaged by fire at sea. It brought an insurance claim against the Defendants (“the Underwriters”). The Second Claimant, the mortgagee of the vessel (“the Bank”), claimed an indemnity against the Underwriters pursuant to an insurance policy for the constructive total loss of the vessel by piracy.’
Hardwicke Chambers, 8th January 2020
Source: hardwicke.co.uk
‘A solicitor who acted where there was a real conflict of interest and paid out almost £6m from buyer clients before they had obtained any security in the flats they were hoping to buy, has been fined for misconduct.’
Legal Futures, 14th January 2020
Source: www.legalfutures.co.uk
‘The High Court has characterised a liquidator’s firm as a real party to the litigation which it funded as it stood to make financial gain from the action and was therefore found not to be a pure funder facilitating access to justice.’
OUT-LAW.com, 10th January 2020
Source: www.pinsentmasons.com
‘With solicitor-client cost disputes on the rise, Paul Parker and Tom Asquith consider in this podcast how these are having an impact within the sphere of professional indemnity insurance, in particular advice on funding; applications for delivery of files; and coverage.’
4 New Square, 31st December 2019
Source: www.4newsquare.com
‘The Civil Procedure Rules (CPR) provide for fixed costs in certain elements of civil proceedings, including Small Claims, Fast Track hearings, ‘Stage 3’ hearings and possession claims. This means that any costs applied for that are not those within the fixed costs regimes are unlikely to be awarded by the Court, unless certain factors apply.’
Becket Chambers, 3rd January 2020
Source: becket-chambers.co.uk
‘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.’
Litigation Futures, 8th January 2020
Source: www.litigationfutures.com
‘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.’
Transparency Project, 3rd January 2020
Source: www.transparencyproject.org.uk
‘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.’
Litigation Futures, 19th December 2019
Source: www.litigationfutures.com
‘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.’
Litigation Futures, 16th December 2019
Source: www.litigationfutures.com
‘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).’
Legal Futures, 13th December 2019
Source: www.legalfutures.co.uk
‘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.’
Law Society's Gazette, 10th December 2019
Source: www.lawgazette.co.uk
‘A cut out & keep guide to Practice Direction 51U and overview of the changes to disclosure procedures in the Business and Property Courts.’
Counsel, December 2019
Source: www.counselmagazine.co.uk
‘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.’
Litigation Futures, 3rd December 2019
Source: www.litigationfutures.com
‘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.’
Daily Telegraph, 28th November 2019
Source: www.telegraph.co.uk
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