‘Civil claimants despairing at Part 36 costs rules have a ray of hope following a court’s decision to swing the pendulum their way again. In Holmes v West London Mental Health NHS Trust the High Court ruled last week that a defendant party who waited 15 months to accept a Part 36 offer must pay indemnity costs covering the period of delay.’
Law Society's Gazette, 3rd August 2018
Source: www.lawgazette.co.uk
‘The procedural exemptions in sections 12 and 14 of FOIA are some of the most commonly used, and most commonly litigated, provisions of the legislation. Unsurprisingly, they have led to a disproportionate degree of appellate involvement. More surprisingly, they continue to do so. Three recent Upper Tribunal decisions add to that body of jurisprudence which ought to be considered by authorities faced with burdensome requests. This post is, as a result, quite burdensome itself.’
Panopticon, 3rd August 2018
Source: panopticonblog.com
‘The Court of Appeal has rejected the use of a “sliding scale” to reduce the amount of security for costs in cases where there is a risk that court orders will not be enforced.’
Litigation Futures, 3rd August 2018
Source: www.litigationfutures.com
‘The High Court has hammered both sides in a medical negligence case involving a mentally ill woman for outrageous “bimbling”. His Honour Judge Gore QC, sitting as a High Court judge, said the word – which means to move at a leisurely pace – was used by one of his daughters.’
Litigation Futures, 2nd August 2018
Source: www.litigationfutures.com
‘A man who banned his girlfriend from using Snapchat and controlled her use of Facebook has been jailed for his psychological abuse after a relationship that lasted less than a month’
Daily Telegraph, 1st August 2018
Source: www.telegraph.co.uk
‘A circuit judge was wrong to order that qualified one-way costs shifting (QOCS) automatically applied to a claim about misuse of data because it also included a personal injury (PI) element, the High Court has ruled.’
Litigation Futures, 1st August 2018
Source: www.litigationfutures.com
‘A Derbyshire firm involved in the group action case against car maker Volkswagen (VW) has been criticised for its ‘inconsistent, non-engaging and generally unhelpful’ conduct in an application to extend the timeframe for a service of claim.’
Law Society's Gazette, 31st July 2018
Source: www.lawgazette.co.uk
‘The BBC has agreed to pay Sir Cliff Richard £850,000 within 14 days to cover his legal costs, following his privacy case against the corporation.’
BBC News, 26th July 2018
Source: www.bbc.co.uk
‘Fixed costs apply to low-value claims even when the defendant has waited more than 18 months to settle the claim, the Court of Appeal ruled today. In the long-awaited Hislop v Perde judgment, Lord Justice Coulson said the claimant could not argue that the delay – even with no apparent justification – triggered an ‘exceptional circumstances’ provision set out in Civil Procedure Rules.’
Law Society's Gazette, 23rd July 2018
Source: www.lawgazette.co.uk
‘There are lessons for practitioners in all areas in the judgment of Rose J in Aeroflot v Forus and others. That case – a long-running chancery matter concerning skulduggery, political intrigue and alleged fraud –stands as a reminder that parties plead fraud at their peril.’
Zenith PI, 17th July 2018
Source: zenithpi.wordpress.com
‘The Court of Appeal has made clear it will not grant costs favours to claimants bringing proceedings against multiple defendants.’
Law Society's Gazette, 19th July 2018
Source: www.lawgazette.co.uk
‘A High Court judge has accused leading law firm Pinsent Masons of losing sight of “any basic standard of decent and compassionate behaviour” in the way it dealt with the widow of a defendant its client was suing.’
Legal Futures, 11th July 2018
Source: www.legalfutures.co.uk
‘A costs judge has refused to pare a defendant’s costs after finding she should not have to bear the consequences of the claimant’s conduct.’
Law Society's Gazette, 10th July 2018
Source: www.lawgazette.co.uk
‘An anti-tree felling campaigner has been convicted of obstructing police for failing to give his name and address when he was being arrested.’
BBC News, 9th July 2018
Source: www.bbc.co.uk
‘Russian state airline Aeroflot has been ordered to pay indemnity costs for the entire eight years of a fraud claim that it dropped on the eve of opening submissions.’
Litigation Futures, 10th July 2018
Source: www.litigationfutures.com
‘A judge was wrong to penalise a claimant for not disclosing an important piece of evidence, given that the defendant made the part 36 offer she accepted in full knowledge of her dishonesty, the Court of Appeal has ruled.’
Litigation Futures, 26th June 2018
Source: www.litigationfutures.com
‘The Divisional Court has ordered Camden Council to pay £68,000 in costs on account following the high-profile case where judges ruled that the Senior Coroner for Inner North London acted unlawfully in adopting a policy that resulted in Jewish and Muslim families facing delays in the burials of family members, contrary to their religious beliefs.’
Local Government Lawyer, 26th June 2018
Source: www.localgovernmentlawyer.co.uk
‘A judge was wrong to penalise a claimant for not disclosing an important piece of evidence, given that the defendant made the part 36 offer she accepted in full knowledge of her dishonesty, the Court of Appeal has ruled.’
Litigation Futures, 26th June 2018
Source: www.litigationfutures.com
‘Foster carers are to receive the 30 hours free childcare offer for children in their care for the first time from September 2018. The Government also announced that over 340,000 children were in a 30-hour place in the first year of the policy.’
Family Law, 26th June 2018
Source: www.familylaw.co.uk
‘A man convicted for the second time of providing unqualified immigration advice and services has been jailed for a year.’
Legal Futures, 26th June 2018
Source: www.legalfutures.co.uk
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