Category: costs

Richard Paige discusses: The impact of a counterclaim on QOCS – Park Square Barristers

Posted October 30th, 2019 in civil procedure rules, compensation, costs, interpretation, news, personal injuries by sally

‘In Ketchion v McEwan HHJ Freedman, sitting in Newcastle, held that the term “proceedings” in CPR 44.13 included both the claim and the counterclaim. The result of this decision was that the successful claimant was debarred from enforcing any of his costs (for bringing the claim or defending the counterclaim) against the unsuccessful defendant, because the defendant had brought a counterclaim which included personal injury.’

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Park Square Barristers, 14th October 2019

Source: www.parksquarebarristers.co.uk

Counsel’s fee in portal drop-out case included in fixed costs – Litigation Futures

Posted October 30th, 2019 in accidents, appeals, barristers, children, civil procedure rules, compensation, costs, fees, interpretation, news, personal injuries, practice directions, road traffic, solicitors by sally

‘Counsel’s fees for an opinion on quantum in a traffic accident involving a child are included in the fixed costs for the case and cannot be claimed separately, the Court of Appeal has ruled.’

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Litigation Futures, 30th October 2019

Source: www.litigationfutures.com

New law “to put more pressure” on solicitors’ NDA advice – Legal Futures

Posted October 30th, 2019 in contracts, costs, disciplinary procedures, drafting, employment, employment tribunals, enforcement, Law Society, news, non-disclosure agreements, solicitors, Solicitors Regulation Authority by sally

‘A new law ensuring that employees signing non-disclosure agreements (NDAs) receive independent legal advice will “increase the onus” on solicitors to act properly when drafting them, the government has said.’

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Legal Futures, 30th October 2019

Source: www.legalfutures.co.uk

Third party costs application failed against losing claimant’s legal team – Practical Law Dispute Resolution Blog

Posted October 29th, 2019 in abuse of process, costs, malicious prosecution, news, third parties by sally

‘In the recent case of Willers v Joyce and others an application was brought by the winning party against the losing party’s counsel and solicitor following an unsuccessful claim for malicious prosecution.’

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Practical Law Dispute Resolution Blog, 24th October 2019

Source: disputeresolutionblog.practicallaw.com

Applications for Interim Payments of Costs: An Update – Hailsham Chambers

Posted October 29th, 2019 in costs, damages, negligence, news, personal injuries by sally

‘Applications for interim payments of costs are likely to continue to become more common, at least until some higher judicial authority suggests that they should not be allowed in principle or save in exceptional circumstances. In the meantime, practitioners would be well advised to be aware of some practical guidance as to how such applications should be presented.’

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Hailsham Chambers, 24th October 2019

Source: www.hailshamchambers.com

‘The Death Clause’ – can basic charges be recovered under a Conditional Fee Agreement in the event of a client’s death? – 4 New Square

Posted October 29th, 2019 in asbestos, costs, fees, industrial injuries, law firms, news by sally

‘On Thursday 24 October 2019, Mr Justice Pushpinder Saini handed down his judgment in Higgins & Co Lawyers Ltd v Evans [2019] EWHC 2809 (QB), an appeal from a decision of Master McCloud sitting in the SCCO. Roger Mallalieu appeared for the successful Appellant. Simon Teasdale explains the facts, the court’s rulings and the implications of the decision.’

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4 New Square, 29th October 2019

Source: www.4newsquare.com

Law firm entitled to fees from CFA after claimant’s death – Litigation Futures

Posted October 29th, 2019 in asbestos, costs, fees, industrial injuries, law firms, news by tracey

‘A law firm which guaranteed clients there would be “no hidden, nasty surprises” could claim over £30,000 in fees from the estate of a deceased asbestosis claimant, the High Court has ruled.’

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Litigation Futures, 29th October 2019

Source: www.litigationfutures.com

Judge refuses to cut costs despite damages failure – Litigation Futures

Posted October 24th, 2019 in amendments, costs, damages, news by sally

‘The fact that a successful claimant recovered less than 10% of the damages he sought was not a sufficient reason to disallow some of his costs, the High Court has ruled.’

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Litigation Futures, 24th October 2019

Source: www.litigationfutures.com

‘Mixed’ police claims: Court of Appeal confirms QOCS protection is not automatic – UK Police Law Blog

Posted October 22nd, 2019 in civil procedure rules, costs, damages, news, personal injuries, police, statutory interpretation by tracey

‘Last year, I wrote a post on this blog discussing a High Court judgment which held that qualified one-way costs shifting (‘QOCS’) protection does not apply automatically in proceedings where a claimant is advancing both a claim for damages for personal injury and a claim other than a claim for damages for personal injury (a “mixed claim”). The claimant’s appeal in in Brown v Commissioner of Police of the Metropolis [2019] EWCA Civ 1724 has now been unanimously dismissed by the Court of Appeal.’

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UK Police Law Blog, 22nd October 2019

Source: ukpolicelawblog.com

Master sets out approach to interim costs in clin neg cases – Litigation Futures

Posted October 22nd, 2019 in civil procedure rules, costs, negligence, news, personal injuries, solicitors by tracey

‘The High Court has confirmed that law firms can apply for interim payments on account of costs in medical negligence cases where it may be many years until they conclude, and set out how they should approach them.’

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Litigation Futures, 22nd October 2019

Source: www.litigationfutures.com

Ex-Met detective loses court battle over payout for data breach – The Guardian

Posted October 21st, 2019 in appeals, costs, damages, data protection, disciplinary procedures, human rights, misfeasance in public office, news, personal injuries, police, privacy by tracey

‘A former Metropolitan police detective who successfully sued the force for wrongly using its powers to investigate her has lost her eight-year court battle to hold the police to account.’

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The Guardian, 21st October 2019

Source: www.theguardian.com

CJC group fails to agree fixed costs for clin neg cases – Litigation Futures

Posted October 21st, 2019 in barristers, costs, expert witnesses, fees, medical records, medical treatment, negligence, news, professional conduct by sally

‘The working group charged with agreeing fixed recoverable costs (FRCs) for clinical negligence claims worth up to £25,000 has been unable to do so, although it has made progress on process changes.’

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Litigation Futures, 16th October 2019

Source: www.litigationfutures.com

Children: Private Law Update (Autumn 2019) – Family Law Week

Posted October 18th, 2019 in appeals, children, contact orders, costs, evidence, family courts, identification, news, paternity by tracey

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

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Family Law Week, 13th October 2019

Source: www.familylawweek.co.uk

Review lays ground for both hybrid and defendant DBAs – Litigation Futures

Posted October 16th, 2019 in costs, damages, fees, news, regulations by sally

‘Changes to the damages-based agreement (DBA) regulations, including opening them up to defendants and allowing hybrid DBAs, have been put forward by an independent review – with the approval of Sir Rupert Jackson.’

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Litigation Futures, 16th October 2019

Source: www.litigationfutures.com

High Court issues “novel” conditional costs order – Litigation Futures

Posted October 11th, 2019 in costs, news by tracey

‘The High Court has issued what a conditional order for an interim payments on account of costs in the event of a party not complying with an unless order.’

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Litigation Futures, 10th October 2019

Source: www.litigationfutures.com

High Court judge allows £786 hourly fees but calls for rate review – Law Society’s Gazette

Posted October 11th, 2019 in costs, fees, news, solicitors by tracey

‘A High Court judge has said updated guideline hourly rates would be ‘very welcome’ after allowing costs far in excess of the supposedly prescribed amount.’

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Law Society's Gazette, 11th October 2019

Source: www.lawgazette.co.uk

Trade union firm faces trade union-organised strike – Legal Futures

Posted October 9th, 2019 in budgets, costs, employment, law firms, news, personal injuries, remuneration, trade unions by sally

‘Leading trade union law firm Thompsons is facing a strike over pay – and pickets lines at its offices across the country – organised by a trade union.’

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Legal Futures, 9th October 2019

Source: www.legalfutures.co.uk

Cut-off between budgeted and incurred costs to be clarified – Litigation Futures

Posted September 19th, 2019 in budgets, civil procedure rules, costs, drafting, news, practice directions by tracey

‘A change to the CPR coming into force on 1 October should provide clearer guidance on the cut-off between budgeted and incurred costs, it has been argued.’

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Litigation Futures, 19th September 2019

Source: www.litigationfutures.com

The recoverability of inquest costs in civil actions – UK Police Law Blog

Posted September 17th, 2019 in civil justice, compensation, costs, damages, human rights, inquests, misfeasance in public office, negligence, news, police by tracey

‘The case of Fullick v The Commissioner of Police of the Metropolis [2019] EWHC 1941 (QB) concerned an appeal of a Deputy Master’s order that the MET Commissioner pay the claimants’ costs in the sum of £88,356.22, following the settlement of a contemplated civil claim for damages for breach of article 2 of the European Convention of Human Rights, negligence and misfeasance in public office. Slade J held that the Deputy Master had not erred in awarding the claimants their costs relating to the inquest because the steps taken for the purposes of it were relevant to the civil claim.’

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UK Police Law Blog, 14th September 2019

Source: ukpolicelawblog.com

High Court rules district judge could make non-party costs award after licensing hearing, but allows appeal over procedure – Local Government Lawyer

Posted September 17th, 2019 in appeals, costs, licensing, news, public order by tracey

‘A district judge hearing a licensing appeal has the power under the Licensing Act 2003 to make a non-party costs award, a High Court judge has ruled.’

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Local Government Lawyer, 13th September 2019

Source: www.localgovernmentlawyer.co.uk