‘A law firm which “prematurely” issued a group litigation order (GLO) application to bring VW emissions claims ahead of other firms has been hit with an indemnity costs order by the High Court.’
Litigation Futures, 5th September 2018
Source: www.litigationfutures.com
‘A spurned woman sent her ex-lover a video of her killing his fish with bleach after accusing him of having an affair, a court has heard. ‘
Daily Telegraph, 4th September 2018
Source: www.telegraph.co.uk
‘Employment tribunals should generally give the benefit of doubt to a legal representative facing a wasted costs applications where their client refuses to waive privilege, the president of the Employment Appeal Tribunal (EAT) has decided.’
Litigation Futures, 31st August 2018
Source: www.litigationfutures.com
‘Many solicitors and judges were not ready for the electronic bill of costs when it became compulsory in April and few are keen on it now, according to a survey by the Association of Costs Lawyers (ACL).’
Litigation Futures, 3rd September 2018
Source: www.litigationfutures.com
‘A self-styled “paedophile hunter” has been jailed after admitting falsely accusing a man of grooming teenagers.’
BBC News, 3rd September 2018
Source: www.bbc.co.uk
‘More than £413,000 has been spent by Sheffield City Council on legal proceedings against tree felling protestors, the BBC has learned.’
BBC News, 3rd September 2018
Source: www.bbc.co.uk
‘The High Court has held in Commissioner of Police of the Metropolis v Brown [2018] EWHC 2046 (Admin) that qualified one-way costs shifting (“QOCS”) protection does not apply automatically in proceedings where a claimant is advancing both a claim for damages for personal injury and a claim other than a claim for damages for personal injury (a “mixed claim”).’
UK Police Law Blog, 28th August 2018
Source: ukpolicelawblog.com
‘An immigration lawyer who “wrongly claimed” £800,000 from the Legal Aid Agency (LAA) has been struck off by the Solicitors Disciplinary Tribunal (SDT).’
Legal Futures, 29th August 2018
Source: www.legalfutures.co.uk
‘Victims will find it harder to secure compensation from employers under plans to double the lower limit for recovering costs in minor injury cases, the Ministry of Justice has been warned.’
The Guardian, 29th August 2018
Source: www.theguardian.com
‘A costs judge was wrong to give the paying party the benefit of the doubt when she was not sure if there was an implied retainer in existence before the written agreement, a High Court judge has ruled.’
Litigation Futures, 21st August 2018
Source: www.litigationfutures.com
‘The BBC today admitted that the way it reported the police raid on the home of Sir Cliff Richard will make it hard to persuade the Court of Appeal that the High Court was wrong to award the singer heavy damages last month for breach of privacy. Announcing that it will not seek leave to appeal the judgment in Sir Cliff Richard OBE v British Broadcasting Corporation the BBC called on the government to clarify the balance between the rights to privacy and free expression.’
Law Society's Gazette, 15th August 2018
Source: www.lawgazette.co.uk
‘The Court of Appeal has ordered a Russian national to provide full security for the legal costs of a former business partner.’
OUT-LAW.com, 15th August 2018
Source: www.out-law.com
‘Where a claimant in a QOCS case sues multiple defendants and recovers damages against one or more of them, any successful defendants with costs awards in their favour can enforce them against those damages, the Court of Appeal has decided in Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654 – but only if the damages are obtained pursuant to a court order rather than a settlement embodied in a Tomlin order.’
Hailsham Chambers, 18th July 2018
‘Where a defendant accepts a claimant’s Part 36 offer after expiry of the 21 day period, many claimants (and legal commentators) have argued that the claimant should be entitled to recover indemnity costs from the expiry of the relevant period, just as they would if the case had gone to trial and the same result had been achieved. This argument has been particularly attractive to claimants where fixed costs apply, as an order for indemnity costs will allow the claimant to recover more than fixed costs. A number of County Court Judges and District Judges have accepted this argument in PI actions to which fixed costs apply.’
Hailsham Chambers, 23rd July 2018
‘This was a noise induced hearing loss claim where the claimant had issued against 6 Defendants. On 12 December 2016, the claimant compromised its claim against D4 – D6. That compromise was in the form of a Tomlin order. It ordered that all further proceedings in respect of the claims against D4- D6 were stayed, except for the purposes of carrying out the agreed terms of settlement, which were set out in a separate schedule.’
Park Square Barristers, 24th July 2018
Source: www.parksquarebarristers.co.uk
‘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
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