Fixed costs only where pre-action protocol not followed – Zenith PI
‘An unreasonable failure to follow the Pre-Action Protocol for Low Value Personal Injury.’
Zenith PI, 1st May 2018
Source: zenithpi.wordpress.com
Category: costs
Reduced hourly rates for incurred costs and damages far lower than claimed “not good reasons” to depart from budget – Litigation Futures
‘Master Rowley has become the latest judge to rule that a reduction in hourly rates for incurred costs is not a good reason to do the same to budgeted costs.’
Litigation Futures, 1st May 2018
Source: www.litigationfutures.com
Carer who guided dying City banker’s hand as he signed over half of fortune to her stripped of windfall – Daily Telegraph
‘A carer who guided the pen of a dying millionaire as he signed over almost half his fortune to her family has been stripped of her windfall by a judge.’
Daily Telegraph, 30th April 2018
Source: www.standard.co.uk
The fruits of iniquity: RTA Protocol fixed costs and the solicitor’s lien – Zenith PI
‘On 18th April 2018 the Supreme Court gave judgment in Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd. The case represents an important victory for Claimant solicitors, who would be well advised to review their files for previous cases falling within its ambit.’
Zenith PI, 27th April 2018
Source: zenithpi.wordpress.com
Children: Private Law Update (Spring 2018) – Family Law Week
‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’
Family Law Week, 27th April 2018
Source: www.familylawweek.co.uk
Senior partner who bungled hearing loss claims and lied to the court is struck off – Litigation Futures
‘The senior partner of a personal injury firm who bungled 37 noise-induced hearing loss (NIHL) claims and lied to the court has been struck off by the Solicitors Disciplinary Tribunal (SDT).’
Litigation Futures, 25th April 2018
Source: www.litigationfutures.com
SDT criticises solicitor for “misleading” evidence on husband’s £80,000 investment in firm – Legal Futures
‘The Solicitors Disciplinary Tribunal (SDT) has strongly criticised a solicitor who gave “misleading” evidence on her husband’s £80,000 investment in a personal injury firm, which it said encouraged her to pay banned referral fees.’
Legal Futures, 26th April 2018
Source: www.legalfutures.co.uk
Insurer must compensate solicitor whose clients it induced to settle – OUT-LAW.com
‘An insurer which offered to settle directly with personal injury claimants who had filed notices of their claims on the Road Traffic Accidents Portal (RTA Portal) must compensate the claimants’ solicitors, who would otherwise have been entitled to costs by virtue of a conditional fee agreement (CFA).’
OUT-LAW.com, 20th April 2018
Source: www.out-law.com
Court of Appeal finds way to apply fixed costs to EL case wrongly run outside portal – Litigation Futures
‘A claimant who wrongly began and settled their claim for noise-induced hearing loss outside of the EL/PL protocol should be limited to fixed costs under the provisions that penalise poor conduct in costs, the Court of Appeal has ruled.’
Litigation Futures, 23rd April 2018
Source: www.litigationfutures.com
Justice minister uncompromising on whiplash reforms and says more fixed costs are on the way – Legal Futures
‘Justice minister Lord Keen today set the stage for next week’s House of Lords debate on the Civil Liability Bill with an uncompromising message that there are “too many unmeritorious whiplash claims made each year which proceed without challenge or investigation”.’
Legal Futures, 17th April 2018
Source: www.legalfutures.co.uk
‘Overstated’ PI claim was not fundamental dishonesty, appeal rules – Law Society’s Gazette
‘The High Court has refused to overturn a personal injury ruling despite defendant lawyers arguing that the judge should have found the claim to be “fundamentally dishonest”.’
Law Society's Gazette, 17th April 2018
Source: www.lawgazette.co.uk
Companies House lambasted for trumpeting conviction of fraud whistleblower Kevin Brewer – The Independent
‘Companies House has been lambasted for trumpeting the prosecution of a whistleblower who used Vince Cable’s name to expose a gaping loophole exploited by fraudsters.’
The Independent, 16th April 2018
Source: www.independent.co.uk
A costly slice of the cake? Litigation funders and security for costs – 4 New Square
‘If a defendant is successful in defending a claim brought with the assistance of litigation funders who had an interest in the litigation, that defendant can apply under section 51 of the Senior Courts Act 1981 for a non-party costs order against the litigation funders.’
4 New Square, 19th March 2018
Source: www.4newsquare.com
High Court: security for costs application cannot be used to avoid enforcement of arbitration award – Litigation Futures
‘A security of costs application relating to a court challenge to an arbitration award cannot be used as a way of avoiding enforcement of the award, the High Court has ruled.’
Litigation Futures, 12th April 2018
Source: www.litigationfutures.com
Riaz v Ashwood – 4 New Square
‘Master James has noted that courts are receiving a large and increasing number of these types of claims; the increase was attributed to a new business model by which new lawyers seek to challenge the deduction by previous solicitors from their client’s damages of a success fee under a post-LASPO CFA.’
4 New Square, 28th March 2018
Source: www.4newsquare.com
Government to introduce fixed costs for holiday sickness claims “in coming weeks” – Legal Futures
‘The Ministry of Justice (MoJ) has met its timetable to introduce fixed recoverable costs for holiday sickness claims, announcing today that they will come into effect “in the coming weeks” and before the summer holiday season.’
Legal Futures, 13th April 2018
Source: www.legalfutures.co.uk
Costs Budgeting – 4 New Square
‘Costs budgeting is plainly important, as I will amplify later, but it is rarely thought to be interesting. However, there is now a fair body of law and practice, and there is some craft in producing, developing and attacking budgets.’
4 New Square, 4th April 2018
Source: www.4newsquare.com
Prepare for problems with new electronic bill, say costs lawyers – but don’t panic – Litigation Futures
‘The Association of Costs Lawyers has sought to calm fears about the electronic bill of costs – which became compulsory in the county court and Senior Courts Costs Office from last Friday – even though it said significant teething problems “are likely”.’
Litigation Futures, 10th April 2018
Source: www.litigationfutures.com
Housing association fined £30k over Hand Arm Vibration Syndrome failings – Local Government Lawyer
‘A community housing association in Wales has been fined £30,000 after it failed to effectively manage its employees’ exposure to Hand Arm Vibration Syndrome (HAVS) over a prolonged period of time.’
Local Government Lawyer, April 2018
Source: www.localgovernmentlawyer.co.uk
Air pollution: UK government’s failed legal battles cost taxpayers £500,000 – The Guardian
‘The UK government has spent more than half a million pounds on failed legal battles against clean air campaigners, according to newly released documents that underline the cost of weak action on pollution.’
The Guardian, 5th April 2018
Source: www.theguardian.com
