‘There is no rule that communications treated as “without prejudice” despite not being labelled as such cannot be referred to when considering costs, the High Court has ruled.’
Litigation Futures, 12th September 2019
Source: www.litigationfutures.com
‘HM Revenue & Customs will not have to pay the £6,245 costs of a wine wholesaler who successfully appealed a decision notice, a tribunal has ruled.’
Law Society's Gazette, 9th September 2019
Source: www.lawgazette.co.uk
‘The appellant was arrested on suspicion of harassment but was later released without charge, after police had taken fingerprints and DNA samples. The appellant issued a claim for false imprisonment and assault.’
Zenith PI, 5th September 2019
Source: zenithpi.wordpress.com
‘Sir Cliff Richard has reached a final settlement after his legal action against the BBC, which will pay a reported £2m towards his legal costs.’
BBC News, 4th September 2019
Source: www.bbc.co.uk
‘A majority of costs lawyers think there is a business opportunity in helping unhappy clients challenge their solicitors’ bills, a survey has found.’
Litigation Futures, 3rd September 2019
Source: www.litigationfutures.com
‘Costs budgeting is not “inevitable” in high-value injury cases and lawyers should consider whether the best approach may be to dispense with it altogether, a leading practitioner has suggested.’
Litigation Futures, 29th August 2019
Source: www.litigationfutures.com
Planning analysis: In refusing permission to apply for statutory review, the Court of Appeal held that there was no limit to the number of parties to which claimants could be liable to in costs and that the court was correct not to limit further the Aarhus cap on the basis that the claim failed at the permission stage. Nevertheless, successful defendants and/or interested parties may only recover reasonable and proportionate costs. Written by Howard Leithead, barrister at No5 Chambers.
No. 5 Chambers, 5th August 2019
Source: www.no5.com
‘Generally speaking, we lawyers dislike procedural change. While we may well understand that a particular change is necessary and we will certainly recognise that we need to adapt to it when it comes, such changes nonetheless tend to make us feel ignorant and highly uncomfortable. We have to treat any new procedural regime as a known unknown, which presents pitfalls for the unwary, at least until we become familiar with it. And in the meantime, a culture of half-knowledge develops, an uncertain and dangerous combination of a little learning, anecdote, and false assumptions. This very often leads to negative over-simplification.’
UK Human Rights Blog, August 2019
Source: ukhumanrightsblog.com
‘Imagine a case where lawyers, seek damages on behalf of a client which include their unrecovered costs in earlier litigation where they acted for the same client. If the new claim fails, are they personally liable for the winner’s costs? This was the startling proposition advanced in this case. Rose LJ has said that it is wrong.’
Hailsham Chambers, 9th August 2019
Source: www.hailshamchambers.com
‘A rough guide to Personal Injury and Clinical Negligence Litigation for Professional Indemnity Lawyers.’
Hailsham Chambers, 13th August 2019
Source: www.hailshamchambers.com
‘A solicitor’s 55 years of practice have come to an end after he was struck off for overcharging probate clients.’
Legal Futures, 23rd August 2019
Source: www.legalfutures.co.uk
‘The High Court has told a litigant they cannot argue against their opponent’s costs simply on the basis that the figure is higher than their own.’
Law Society's Gazette, 20th August 2019
Source: www.lawgazette.co.uk
‘The London Borough of Tower Hamlets has successfully prosecuted a man who fraudulently tried to take over the council tenancy of a resident who had passed away by pretending to be his nephew.’
Local Government Lawyer, 20th August 2019
Source: www.localgovernmentlawyer.co.uk
‘The High Court is set to rule on whether a party’s right to appeal from an oral hearing that follows a provisional assessment is limited to decisions made at the hearing.’
Litigation Futures, 6th August 2019
Source: www.litigationfutures.com
‘The First-tier Tribunal (FTT) wrongly took into account a “without prejudice” offer when deciding on the costs of a case when there was no reason to believe that it was “save as to costs”, the Upper Tribunal has ruled.’
Litigation Futures, 5th August 2019
Source: www.litigationfutures.com
‘John Tughan QC of 4 Paper Buildings reviews recent important Children Public Law cases.’
Family Law Week, 31st July 2019
Source: www.familylawweek.co.uk
‘Qualified one-way costs shifting (QOCS) should be extended to cover discrimination cases in the county court, MPs on the House of Commons women and equalities committee have recommended.’
Litigation Futures, 30th July 2019
Source: www.litigationfutures.com
‘The Court of Appeal has warned parties that they can expect to be denied recovery of the costs of preparing non-compliant bundles of authorities.’
Litigation Futures, 22nd July 2019
Source: www.litigationfutures.com
‘Yesterday’s Court of Appeal decision on proportionality and the recovery of after-the-event (ATE) insurance premiums was “a triumph for access to justice”, according to the insurer whose policy was under scrutiny.’
Litigation Futures, 18th July 2019
Source: www.litigationfutures.com
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