Judge slashes QC’s £110k brief fee for case that settled before trial – Legal Futures

Posted January 7th, 2022 in accidents, barristers, costs, fees, news, personal injuries, sport by tracey

‘A costs judge has slashed the £110,000 brief fee sought by a claimant when his case settled nearly three weeks ahead of trial and before the QC had started preparing for it.’

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Legal Futures, 7th January 2022

Source: www.legalfutures.co.uk

Climate lawyer loses supreme court appeal over Heathrow leak – The Guardian

‘A lawyer and climate campaigner who leaked the result of a supreme court ruling on the Heathrow airport expansion has lost an appeal against a contempt of court finding.’

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The Guardian, 20th December 2021

Source: www.theguardian.com

New Judgment: Her Majesty’s Attorney General v Crosland [2021] UKSC 58 – UKSC Blog

‘The court unanimously dismissed this appeal concerning whether the Supreme Court was wrong to decide that the appellant’s disclosure of the result of the Heathrow appeal, in breach of an embargo on the Court’s judgment, constituted a contempt of court. Furthermore, did the Court then wrongly impose a fine of £5,000 on the appellant, and wrongly order him to pay the respondent’s costs in the sum of £15,000?’

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UKSC Blog, 20th December 2021

Source: ukscblog.com

Hearing paused after barristers spoke too quickly – Law Society’s Gazette

Posted December 15th, 2021 in barristers, costs, news, oral hearings by tracey

‘A High Court judge has criticised the conduct of a hearing in which advocates spoke so quickly in court that the transcriber could no longer continue.’

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Law Society's Gazette, 14th December 2021

Source: www.lawgazette.co.uk

Representative claimants generally entitled to CPO costs, tribunal rules – Law Society’s Gazette

Posted December 14th, 2021 in competition, costs, news, representative actions, tribunals by tracey

‘Representative claimants in collective actions are generally entitled to recover the costs of obtaining a collective proceedings order (CPO), the Competition Appeal Tribunal has ruled. It ordered three train operators accused of overcharging passengers to make a £780,000 interim payment on account.’

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Law Society's Gazette, 13th December 2021

Source: www.lawgazette.co.uk

SRA to pay record £228,000 to cover costs of ‘regrettable’ prosecution – Law Society’s Gazette

Posted December 14th, 2021 in costs, news, prosecutions, solicitors, Solicitors Regulation Authority by tracey

‘The Solicitors Regulation Authority has paid £228,000 to cover the legal costs of a solicitor following a prosecution abandoned a month before trial.’

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Law Society's Gazette, 13th December 2021

Source: www.lawgazette.co.uk

Court of Appeal on time of demands and legal costs in service charges – Nearly Legal

Posted December 1st, 2021 in appeals, costs, housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘A second appeal to the Court of Appeal from the Upper Tribunal on a service charge dispute – a decision we briefly noted as Kensquare Ltd v Adwoa & Anor here. There were two main issues, both of some significance, but the one on the recovery of freeholder’s costs of FTT proceedings through the service charge is likely to be of the broader importance.’

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Nearly Legal, 30th November 2021

Source: nearlylegal.co.uk

Judges and lawyers call for curbs on misuse of SLAPPs – Legal Futures

‘Senior judges and lawyers on a panel chaired by former Supreme Court president Lord Neuberger have called for legal reforms to curb “strategic lawsuits against public participation” (SLAPPs).’

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Legal Futures, 30th November 2021

Source: www.legalfutures.co.uk

Master of the Rolls fires starting gun on civil costs revolution – Legal Futures

Posted November 26th, 2021 in civil justice, costs, judges, news by tracey

‘The Master of the Rolls yesterday signalled his intention to revolutionise civil costs and has already set the Civil Justice Council (CJC) working on a wide-ranging review.’

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Legal Futures, 26th November 2021

Source: www.legalfutures.co.uk

“Abusive” to bring minor data breach claim in High Court – Legal Futures

‘A master has labelled as “a form of procedural abuse” a bid to bring a data breach claim in the High Court where the “very modest” damages would be dwarfed by costs of £50,000.’

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Legal Futures, 17th November 2021

Source: www.legalfutures.co.uk

CA: Lawyers can be cross-examined in wasted costs applications – Legal Futures

Posted November 12th, 2021 in appeals, costs, cross-examination, law firms, news, solicitors, wasted costs orders by tracey

‘Judges have the power to direct cross-examination of a lawyer against whom a wasted costs order is sought, but it should be “very much the exception”, the Court of Appeal said yesterday.’

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Legal Futures, 12th November 2021

Source: www.legalfutures.co.uk

Anger over ‘grotesque abuse’ of £600,000 case to keep Mountbatten papers secret – The Guardian

Posted November 8th, 2021 in archives, costs, freedom of information, government departments, news, universities by tracey

‘The Cabinet Office has been accused of a “grotesque abuse” of public funds in a freedom of information battle over the personal diaries of Lord and Lady Mountbatten in which costs are now expected to exceed £600,000.’

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The Guardian, 7th November 2021

Source: www.theguardian.com

Charity’s private prosecution ‘perverting the course of public justice’ – Law Society Gazette

“A specialist law firm and animal rights charity may have been engaged in ‘systemic fraud’ and ‘perverting the course of justice’, by bringing abusive and unfounded private prosecutions, a judge has said.”

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Law Society Gazette, 4th November 2021

Source: www.lawgazette.co.uk

Deputy Master hits out at “unnecessary” expenditure in judicial review and clinical negligence claims on arguing about costs at assessment – Local Government Lawyer

Posted November 4th, 2021 in civil procedure rules, costs, judicial review, news, part 36 offers by sally

‘The Home Secretary wasted public money by protractedly disputing costs in a case involving unlawful detention, a Deputy Master in the High Court has said.’

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Local Government Lawyer, 4th November 2021

Source: www.localgovernmentlawyer.co.uk

Does Qualified One-way Costs Shifting (“QOCS”) constrain a defendant’s liberty to seek, or the court’s discretionary power to permit, a set-off between opposing costs orders? – Lamb Chambers

‘QOCS applies to most personal injury (“PI”) claims. It usually limits the ability of a successful defendant to recover its costs against an unsuccessful claimant.’

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Lamb Chambers, October 2021

Source: www.lambchambers.co.uk

Lawyers the only winners in “nihilistic” divorce dispute, says judge – Legal Futures

Posted October 29th, 2021 in costs, divorce, families, fees, judges, news, solicitors by tracey

‘The lawyers are the only beneficiaries of a “nihilistic” divorce dispute that has cost £2.3m in legal fees, with the couple’s children the main losers, a High Court judge has ruled.’

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Legal Futures, 29th October 2021

Source: www.legalfutures.co.uk

Qualified one-way costs shifting – Law Society’s Gazette

‘In Ho v Adelekun [2021] UKSC 43, the Supreme Court considered the mechanics of qualified one-way costs shifting (QOCS). The claimant was injured in a road traffic accident in 2012. In 2017, she was offered £30,000 by the defendant in settlement of her claim in what was described as a “Part 36 offer letter”. In that letter, the defendant offered to pay the claimant’s costs “in accordance with Part 36 rule 13”, such costs to be subject to detailed assessment if not agreed, if the offer was accepted within 21 days. The claimant decided to accept the offer and a Tomlin order was subsequently made by consent. However, the defendant then argued that the claimant’s costs were limited to the fixed costs recoverable in accordance with the terms of Part 45 Section IIIA of the Civil Procedure Rules.’

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Law Society's Gazette, 25th October 2021

Source: www.lawgazette.co.uk

Costs Order against Dental Expert who Showed a Flagrant, Reckless Disregard for his Duties to the Court – Ropewalk Clinical Negligence Blog

Posted October 25th, 2021 in chambers articles, costs, dentists, expert witnesses, negligence, news, third parties by tracey

‘Having blanked his screen and left the ongoing court proceedings to pick up his son from school, the Claimant’s expert witness in Robinson v (1) Liverpool University Hospital NHS Foundation Trust (2) Mercier (County Court at Liverpool, 9 September 2021), Dr Mercier, was initially oblivious of the court’s direction that the Defendant trust would have 21 days to consider whether to pursue a third-party costs order (“TCPO”) against the expert.’

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Ropewalk Clinical Negligence Blog, 19th October 2021

Source: www.ropewalk.co.uk

CFA costs payable as part of maintenance award, CoA rules – Law Society’s Gazette

Posted October 18th, 2021 in appeals, costs, debts, fees, news, trusts, wills by tracey

‘The Court of Appeal has ruled that a judge was correct to include some costs in a maintenance-based award, after the claimant had successfully secured part of her father’s estate.’

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Law Society's Gazette, 15th October 2021

Source: www.lawgazette.co.uk

Court throws out wasted costs order bid against Baker McKenzie – Law Society’s Gazette

Posted October 13th, 2021 in costs, law firms, news, professional conduct, wasted costs orders by tracey

‘A High Court judge has opted against making a wasted costs order against global firm Baker McKenzie following an application from their litigation opponents.’

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Law Society's Gazette, 12th October 2021

Source: www.lawgazette.co.uk