Court orders insurer to cover negligent solicitors’ unpaid costs – Legal Futures

Posted January 14th, 2019 in appeals, costs, indemnities, insurance, law firms, negligence, news, solicitors, Supreme Court by tracey

‘The insurer of a negligent Italian law firm operating in London has been ordered to pay £3m in costs to the victims after the lawyers failed to pay up.’

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Legal Futures, 14th January 2018

Source: www.legalfutures.co.uk

Court costs capped at £80,000 under voluntary pilot in England – OUT-LAW.com

Posted January 11th, 2019 in costs, costs capping orders, news, pilot schemes by sally

‘Court costs will be capped at £80,000 should parties opt into a pilot that gets underway in the business and property courts (BPCs) in England next week, the Ministry of Justice (MoJ) has confirmed.’

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OUT-LAW.com, 10th January 2019

Source: www.out-law.com

Appeal refused over claimant who issued just to recover costs – Litigation Futures

Posted January 10th, 2019 in appeals, costs, news, part 36 offers, pre-action conduct by sally

‘The Court of Appeal has refused permission to appeal a High Court decision that found a claimant was entitled to issue his claim solely in pursuit of costs.’

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Litigation Futures, 9th January 2019

Source: www.litigationfutures.com

Fees breakdown published for capped costs pilot – Litigation Futures

Posted January 9th, 2019 in costs, costs capping orders, fees, news, pilot schemes, solicitors by sally

‘The breakdown of the £80,000 in fees that solicitors will be able to claim under the voluntary capped costs pilot for certain Business and Property Courts cases valued up to £250,000 has been published.’

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Litigation Futures, 8th January 2019

Source: www.litigationfutures.com

Part 36 penalties “severable”, says judge as she refuses 10% uplift – Litigation Futures

Posted January 7th, 2019 in costs, news, part 36 offers by sally

‘The consequences of beating a part 36 offer are “severable” and each should be assessed against the test of whether it would be unjust to award them, a judge has ruled.’

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Litigation Futures, 2nd January 2019

Source: www.litigationfutures.com

With friends like these…Burgess v Lejonvarn: Christmas cheer for construction professionals – Practical Law: Construction Blog

Posted December 20th, 2018 in appeals, budgets, construction industry, contracts, costs, duty of care, news by tracey

‘As we all get into the festive spirit you may well find yourself chatting to family or friends about their latest project. Some may ask for your opinion or advice. But don’t get carried away; remember the cautionary tale of Burgess v Lejonvarn before offering any free advice.’

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Practical Law: Construction Blog, 18th December 2018

Source: constructionblog.practicallaw.com

Boost for litigators as court approves 78% costs budget rise – Law Society’s Gazette

Posted December 20th, 2018 in budgets, costs, disclosure, news by tracey

‘The High Court has approved an upwardly revised costs budget after finding that extra disclosure demands constituted a ‘significant development’ in the case. Master Davison approved the increase in Al-Najar & Ors v The Cumberland Hotel (London) after lawyers acting for the claimants were given double the number of documents they had been expecting.’

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Law Society's Gazette, 20th December 2018

Source: www.lawgazette.co.uk

“Cruel” solicitor jailed for stealing from severely injured clients – Legal Futures

‘A struck-off solicitor who admitted stealing more than £700,000 from two vulnerable people while in practice has been jailed for four years.’

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Legal Futures, 19th December 2018

Source: www.legalfutures.co.uk

Costs ‘disproportionately high’ in Russian oligarch battle – Law Society’s Gazette

Posted December 18th, 2018 in costs, freezing injunctions, jurisdiction, law firms, news, proportionality by sally

‘City firm Macfarlanes ‘hampered’ the court by failing to provide a clear breakdown of costs, a judge has ruled in the latest development of a billion-pound battle for control of a global fishing company.’

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Law Society's Gazette, 17th December 2018

Source: www.lawgazette.co.uk

Capped costs pilot for cases worth up to £250k to launch next month – Litigation Futures

Posted December 17th, 2018 in case management, costs, costs capping orders, limitations, news, pilot schemes by sally

‘A pilot scheme introducing capped costs of £80,000 for High Court cases worth up to £250,000 – as recommended by Sir Rupert Jackson last year – is set to be introduced next month.’

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Litigation Futures, 17th December 2018

Source: www.litigationfutures.com

Solicitor “led judge to believe” she was a barrister – Legal Futures

‘An experienced solicitor-advocate has been struck off for misleading a judge that she was a barrister and then misleading the solicitors on the other side who questioned her behaviour.’

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Legal Futures, 17th December 2018

Source: www.legalfutures.co.uk

Solicitor who owed barristers £146,000 in fees is struck off – Legal Futures

Posted December 17th, 2018 in barristers, costs, debts, deceit, disciplinary procedures, fees, licensing, news, solicitors by sally

‘A solicitor who admitted that he owed barristers over £146,000 in fees, and even took money from the estate of his dead mother, has been struck off.’

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Legal Futures, 13th December 2018

Source: www.legalfutures.co.uk

Solicitors’ Bills – Hardwicke Chambers

Posted December 14th, 2018 in appeals, costs, fees, news, solicitors by sally

‘The court of appeal’s decision in Slade (t/a Richard Slade And Company) v Boodia & Anor [2018] EWCA Civ 2667 is good news for solicitors but potentially not so good for their clients.’

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Hardwicke Chambers, 3rd December 2018

Source: hardwicke.co.uk

Counterclaim Costs Conundrums – the application of QOCS to Defendants counterclaiming in personal injury – No. 5 Chambers

Posted December 12th, 2018 in civil procedure rules, costs, enforcement, news, personal injuries by sally

‘In County Courts around the country over the past year, it has become ‘fashionable’ to argue over the meaning of the word “proceedings” in CPR r.44.13. The essential question is whether a Defendant, by virtue of bringing a counterclaim including personal injury, is afforded QOCS protection against the Claimant such that any orders for costs made against him cannot be enforced. There are currently two contradictory cases on this point.’

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No. 5 Chambers, 19th November 2018

Source: www.no5.com

Richard Slade & Co v Boodia: Court of Appeal rules in favour of solicitors’ practice on billing – 4 New Square

Posted December 11th, 2018 in appeals, costs, fees, news, solicitors by sally

‘Yesterday [27 November], the Court of Appeal handed down judgment in Richard Slade & Co v Boodia [2018] EWCA Civ 2667, resolving much of the confusion and concern that had fomented around the now reversed High Court decision and the issue of interim statute bills generally.’

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4 New Square, 28th November 2018

Source: www.4newsquare.com

British Telecommunications plc v Office of Communications – Blackstone Chambers

Posted December 11th, 2018 in appeals, competition, costs, news, ombudsmen, telecommunications, tribunals by sally

‘The Court of Appeal has overturned the Competition Appeal Tribunal’s approach to awarding costs against Ofcom in telecommunications appeals.’

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Blackstone Chambers, 15th November 2018

Source: www.blackstonechambers.com

UK Arbitration Act: Time for a revamp? – 4 New Square

‘Several countries have moved to amend their arbitration legislation, but the UK is yet to modernise its 1996 Arbitration Act, CDR explores what these provisions could look like and whether the market wants it.’

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4 New Square, 12th November 2018

Source: www.4newsquare.com

The pen: mightier than the word? – New Law Journal

Posted December 11th, 2018 in civil justice, civil procedure rules, costs, evidence, news, witnesses by sally

‘John A. Kimbell QC considers a new review of the rules on witness evidence in the Business & Property Courts.’

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New Law Journal, 12th November 2018

Source: www.newlawjournal.co.uk

MoJ calls for evidence on new personal injury discount rate – Litigation Futures

‘The Ministry of Justice (MoJ) has issued a call for evidence on the new personal injury discount rate to be set under what will soon be the Civil Liability Act.’

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Litigation Futures, 10th December 2018

Source: www.litigationfutures.com

Leading firm left with court fees budget after late service – Litigation Futures

Posted December 7th, 2018 in budgets, case management, costs, fees, indemnities, law firms, news, sanctions, service by tracey

‘A leading national law firm that served its budget late has failed in an application for relief from sanctions only made on the day of the case and costs management conference (CCMC).’

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Litigation Futures, 7th December 2018

Source: www.litigationfutures.com