‘The Solicitors Disciplinary Tribunal (SDT) has ordered a solicitor who tried to overturn a fine of £2,000 from the Solicitors Regulation Authority (SRA) to pay £54,000 in costs following her unsuccessful appeal.’
Legal Futuresm 9th January 2018
Source: www.legalfutures.co.uk
‘A circuit judge has more than doubled the amount that Queen guitarist Brian May can recover after he settled a private nuisance dispute, ruling that the costs judge at first instance had misapplied the new proportionality test.’
Litigation Futures, 8th January 2018
Source: www.litigationfutures.com
‘The Senior Courts Costs Office has refused separate attempts to obtain copies of law firms’ client files by another firm that describes itself as the country’s “leading experts in fighting unfair compensation deductions”.’
Litigation Futures, 8th January 2018
Source: www.litigationfutures.com
‘The High Court has issued a second judgment in quick succession around file disclosure in a bid to stem the flow of satellite litigation against law firms.’
Law Society's Gazette, 4th January 2018
Source: www.lawgazette.co.uk
‘The costs incurred by Mastercard in defending an attempt to bring one of the largest class actions ever appear “wholly unreasonable and disproportionate”, the Competition Appeal Tribunal (CAT) has found.’
Litigation Futures, 2nd January 2018
Source: www.litigationfutures.com
‘An award of indemnity costs after a successful part 36 offer in a provisional assessment does not remove the £1,500 costs cap, the Court of Appeal has ruled in overturning the High Court.’
Litigation Futures, 20th December 2017
Source: www.litigationfutures.com
‘The Court of Appeal has rejected a Leeds law firm’s challenge to a ruling that it submitted a series of dishonest costs claims.’
Litigation Futures, 18th December 2017
Source: www.litigationfutures.com
‘A regional costs judge was “quite wrong” to assume that “his underwriting skill was better than that of the underwriter” and slashing an after-the-event insurance premium by 85%, the High Court has ruled.’
Litigation Futures, 18th December 2017
Source: www.litigationfutures.com
‘A road traffic claim that settled pre-issue for £350,000 was subject to fixed recoverable costs (FRC) because it began in the portal, even though it was later removed because of its value, a regional costs judge has ruled.’
Litigation Futures, 14th December 2017
Source: www.litigationfutures.com
‘The First Tier Tribunal made a legal error in a case concerning which school a child with special needs should attend, but not one so serious that it required its decision to be set aside, an Upper Tribunal judge has ruled.’
Local Government Lawyer, 13th December 2017
Source: www.localgovernmentlawyer.co.uk
‘The government should curb Lord Justice Jackson’s recommendation to expand the use of fixed recoverable costs, limiting them only to the fast-track, according to a survey of costs lawyers.’
Litigation Futures, 12th December 2017
Source: www.litigationfutures.com
‘Today [5 December] the Court of Appeal gave it’s eagerly awaited judgment in Budana v The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980. Overturning the decision of DJ Besford in the County Court at Kingston-Upon-Hull, the court ruled that a pre-LASPO CFA could validly be transferred from one firm of solicitors to another, even after 1 April 2013, in such a way as to preserve the right to recover success fees and ATE premiums, provided all three parties (client and both firms) expressly so agreed.’
4 New Square, 5th December 2017
Source: www.4newsquare.com
‘In a much anticipated decision, the Court of Appeal has held that a pre-LASPO CFA can be transferred from one firm of solicitors to another – even post – LASPO – without losing the right to recover success fees from the defendant. The decision depended highly on policy considerations. It will be welcomed by solicitors who in a wide variety of circumstances have been party to such transfers.’
Hailsham Chambers, 7th December 2017
Source: www.hailshamschambers.com
‘The Court of Appeal have considered the issue of whether or not an ATE policy is relevant when considering an application for security for costs.’
Zenith PI Blog, 1st December 2017
Source: zenithpi.wordpress.com
‘Variations that judges can adopt in orders for concurrent expert evidence – known as ‘hot-tubbing’ – came into force last week, along with a new provision that clarifies how the costs of costs management should be calculated.’
Litigation Futures, 1st December 2017
Source: www.litigationfutures.com
‘Under section 20B(1) Landlord and Tenant Act 1985, a service charge must be demanded of the tenant within 18 months of the relevant cost having been incurred by the landlord. But what happens when there is a head landlord demanding a charge from an intermediate landlord who, in turn, passes the cost on to their lessees? When does the 18 months run from?’
Nearly Legal, 1st December 2017
Source: nearlylegal.co.uk
‘Clinical negligence claimants can continue to take out after-the-event (ATE) insurance for expert reports when they enter into conditional fee agreements, and premiums will be recoverable even if the case settles before the reports are commissioned, the Court of Appeal has decided in a major ruling today.’
Litigation Futures, 28th November 2017
Source: www.litigationfutures.com
‘The incoming deputy head of civil justice has warned parties not to abuse the courts’ tougher approach to rule compliance.’
Litigation Futures, 28th November 2017
Source: www.litigationfutures.com
‘After the event (ATE) litigation costs insurance which can be voided is not adequate security for costs, the Court of Appeal has ruled.’
OUT-LAW.com, 27th November 2017
Source: www.out-law.com
‘Where the police are unsuccessful in a closure order application there is no presumption that there be no order compensating the Respondent for financial loss. Unlike when considering the position on costs, the court’s focus on an application for compensation should be on the respondent’s behaviour, not that of the police, so held the Administrative Court in R (Qin) v Commissioner of Police of the Metropolis [2017] EWHC 2750 (Admin).’
UK Police Law Blog, 27th November 2017
Source: ukpolicelawblog.com
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