Court caps appeal costs to keep ‘some semblance of reasonableness’ – Law Society’s Gazette

Posted January 17th, 2019 in airlines, appeals, costs, costs capping orders, indemnities, news, pensions, Supreme Court by tracey

‘The High Court has taken the proactive step of capping the costs of a litigant before they pursue an appeal through the Supreme Court. Mr Justice Arnold said the claimant in Airways Pension Scheme Trustee Ltd v Fielder & Anor should be limited to the same costs as the defendant – in doing so shaving around £200,000 from the costs estimate.’

Full Story

Law Society's Gazette, 16th January 2019

Source: www.lawgazette.co.uk

Court relaxes costs rule for PI claim heading towards multi-track – Law Society’s Gazette

Posted January 15th, 2019 in costs, damages, news, personal injuries by tracey

‘A PI claimant who had applied for re-allocation from the fast track to the multi-track – only for the defendant to settle before it reached that stage – will be allowed to recover assessed rather than fixed costs, a court has ruled.’

Full Story

Law Society's Gazette, 14th January 2018

Source: www.lawgazette.co.uk

DDJ “should not have interfered” with parties’ costs agreement – Litigation Futures

Posted January 14th, 2019 in accidents, appeals, consent orders, costs, news, part 36 offers, road traffic by tracey

‘A deputy district judge’s decision to vary a consent order for costs on the standard basis to apply fixed costs to a claim that started in the portal has been overturned.’

Full Story

Litigation Futures, 14th January 2018

Source: www.litigationfutures.com

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

4 New Square, 12th November 2018

Source: www.4newsquare.com