QOCS applied to whole case after defendant’s unsuccessful PI counterclaim – Litigation Futures

Posted September 18th, 2018 in civil procedure rules, costs, news, personal injuries by sally

‘An unsuccessful defendant in a road traffic claim for financial losses who made an unsuccessful counterclaim for personal injury (PI) was entitled to the protection of qualified one-way costs shifting (QOCS) for the whole case, a circuit judge has ruled.’

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Litigation Futures, 18th September 2018

Source: www.litigationfutures.com

Discontinuance, costs, and multiple Defendants: BAE Systems Pension Funds Trustees Ltd v Bowmer & Kirkland Ltd [2018] EWHC 1222 (TCC) – Zenith PI

Posted September 12th, 2018 in construction industry, contracts, costs, news, warehousing by tracey

‘This case is a reminder, if any were needed, of the difficulties facing Claimants in deciding whether or not to pursue multiple Defendants.’

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Zenith PI, 10th September 2018

Source: zenithpi.wordpress.com

Money can’t buy me love: Court of Appeal overturns non-party costs order – Litigation Futures

Posted September 10th, 2018 in company directors, copyright, costs, insolvency, news by tracey

‘A High Court judge was wrong to order a non-party costs order (NPCO) where the respondent had not been warned that the applicant was going to seek one, the Court of Appeal has ruled.’

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Litigation Futures, 10th September 2018

Source: www.litigationfutures.com

Firm ordered to deliver new costs bill to Tower Hamlets campaigner – Law Society’s Gazette

Posted September 7th, 2018 in corruption, costs, elections, fees, news, solicitors by tracey

‘A London law firm has been ordered to present a new costs bill to a campaigner who led a legal battle to remove former Tower Hamlets mayor Lutfur Rahman in the latest action brought by an online fees-challenge service.’

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Law Society's Gazette, 6th September 2018

Source: www.lawgazette.co.uk

Case Comment: Mitsui & Co Ltd & Ors v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG & Anor [2017] UKSC 68 – UKSC Blog

Posted September 6th, 2018 in costs, expenses, news, piracy, shipping law, Supreme Court by tracey

‘The Supreme Court heard the case of Mitsui & Co Ltd & Ors v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG & Anor [2017] UKSC 68 in which it considered whether the expenses occurred by a vessel during a negotiating period with pirates are allowable under Rule F, which covers additional expenses, of the York-Antwerp Rules 1974. This is the first time the English Courts have considered the meaning and application of Rule F.’

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UKSC Blog, 3rd September 2018

Source: ukscblog.com

Firm to pay indemnity costs after “premature” GLO application – Litigation Futures

Posted September 5th, 2018 in class actions, consumer protection, costs, law firms, news by sally

‘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.’

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Litigation Futures, 5th September 2018

Source: www.litigationfutures.com

Spurned woman sends ex-lover video of her killing his fish with bleach after accusing him of affair, court hears

Posted September 5th, 2018 in animal cruelty, costs, news by sally

‘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. ‘

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Daily Telegraph, 4th September 2018

Source: www.telegraph.co.uk

Tribunals must “proceed with care” over wasted costs orders where privilege is not waived – Litigation Futures

Posted September 4th, 2018 in costs, employment tribunals, negligence, news, privilege, tribunals, wasted costs orders by sally

‘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.’

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Litigation Futures, 31st August 2018

Source: www.litigationfutures.com

“Little enthusiasm” among solicitors and judges for electronic bill – Litigation Futures

Posted September 4th, 2018 in bills, budgets, costs, news, solicitors by sally

‘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).’

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Litigation Futures, 3rd September 2018

Source: www.litigationfutures.com

Southampton ‘paedophile hunter’ jailed for false claim – BBC News

Posted September 4th, 2018 in costs, news, perverting the course of justice, sentencing by sally

‘A self-styled “paedophile hunter” has been jailed after admitting falsely accusing a man of grooming teenagers.’

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BBC News, 3rd September 2018

Source: www.bbc.co.uk

Sheffield tree protest council has legal costs of £413k – BBC News

Posted September 3rd, 2018 in costs, demonstrations, environmental protection, jurisdiction, news, trees by sally

‘More than £413,000 has been spent by Sheffield City Council on legal proceedings against tree felling protestors, the BBC has learned.’

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BBC News, 3rd September 2018

Source: www.bbc.co.uk

The QOCS regime and ‘mixed’ police claims – UK Police Law Blog

Posted August 31st, 2018 in civil procedure rules, costs, news, personal injuries, police by tracey

‘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”).’

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UK Police Law Blog, 28th August 2018

Source: ukpolicelawblog.com

Immigration lawyer “wrongly claimed” £800,000 in legal aid – Legal Futures

‘An immigration lawyer who “wrongly claimed” £800,000 from the Legal Aid Agency (LAA) has been struck off by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 29th August 2018

Source: www.legalfutures.co.uk

Plan to change personal injury claim rules ‘will penalise victims’ – The Guardian

Posted August 30th, 2018 in costs, news, personal injuries, small claims, victims by sally

‘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.’

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The Guardian, 29th August 2018

Source: www.theguardian.com

Judge wrong to give paying party benefit of doubt over implied retainer – Litigation Futures

Posted August 22nd, 2018 in bankruptcy, costs, indemnities, news, remuneration, solicitors by sally

‘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.’

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Litigation Futures, 21st August 2018

Source: www.litigationfutures.com

Barrister who failed to give “unwelcome advice” suspended – Legal Futures

‘A barrister who failed to give “unwelcome advice” to an “over-enthusiastic client” about a private criminal prosecution has been suspended for a month by a Bar disciplinary tribunal.’

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Legal Futures, 22nd August 2018

Source: www.legalfutures.co.uk

BBC calls on government to clarify privacy law – Law Society’s Gazette

Posted August 16th, 2018 in BBC, costs, freedom of expression, media, news, privacy, public interest by sally

‘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.’

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Law Society's Gazette, 15th August 2018

Source: www.lawgazette.co.uk

Court of Appeal awards security for costs against Russian national – OUT-LAW.com

Posted August 16th, 2018 in appeals, costs, enforcement, news by sally

‘The Court of Appeal has ordered a Russian national to provide full security for the legal costs of a former business partner.’

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OUT-LAW.com, 15th August 2018

Source: www.out-law.com

QOCS: costs orders enforceable against damages awards obtained against other defendants – Hailsham Chambers

Posted August 7th, 2018 in costs, damages, enforcement, news by sally

‘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.’

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Hailsham Chambers, 18th July 2018

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Part 36: no presumption in favour of indemnity costs on late acceptance – Hailsham Chambers

Posted August 7th, 2018 in costs, delay, indemnities, news, part 36 offers, time limits by sally

‘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.’

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Hailsham Chambers, 23rd July 2018

Source: zm4b8103lu53ydv9q1e2go51-wpengine.netdna-ssl.com