Category: costs

Court of Appeal: ATE that can be voided is not adequate replacement for security for costs – Litigation Futures

Posted November 24th, 2017 in costs, indemnities, insurance, news by sally

‘After-the-event insurance which can be voided does not constitute adequate security for costs, the Court of Appeal has ruled. Overturning the decision of Mr Justice Snowden, Lord Justice Longmore said the case raised “important questions of principle” because the original decision showed “there may be a tendency (I put it no higher) for judges at first instance to accept that an ATE policy can stand as security for costs.’

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Litigation Futures, 23rd November 2017

Source: www.litigationfutures.com

Pleadings & Fundamental Dishonesty – By Andrew Wilson – Park Square Barristers

Posted November 23rd, 2017 in civil procedure rules, costs, fundamental dishonesty, news, pleadings by sally

‘On 30th October 2017, the Court of Appeal finally settled whether fundamental dishonesty needs to pleaded before a Defendant can rely on CPR 44.16(1) to set aside QUOCS.’

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Park Square Barristers, 3rd November 2017

Source: www.parksquarebarristers.co.uk

Computer Imaging and Inspection for Misuse of Confidential Information: Cox V Spencer [2017] EWHC 2552 (QB) – Blackstone Chambers

Posted November 23rd, 2017 in computer programs, contracting out, costs, investigatory powers, news by sally

‘The High Court granted a computer imaging order permitting an independent IT expert to investigate the Defendant’s computer and external hard drive to see if they contained the Claimant’s confidential information.’

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Blackstone Chambers, 13th November 2017

Source: www.employeecompetition.com

Recovery of Damages for Future Care Costs Does Not Disentitle a Person to After-Care Services Under Mental Health Act 1983 – Garden Court Chambers

Posted November 23rd, 2017 in appeals, costs, damages, local government, mental health, news by sally

‘The Court of Appeal determined that a person discharged from liability to be detained under s 3 Mental Health Act 1983 (MHA 1983) but who still required “after-care services” pursuant to s 117 of the Act was entitled to have his local authority provide such services under s 117 at any time before he had exhausted sums awarded to him in respect of costs of care for the injury he suffered.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

CPRC: no need yet for new privacy rule on costs in environmental cases – Litigation Futures

Posted November 23rd, 2017 in civil procedure rules, costs, environmental protection, news, privacy by sally

‘There is no immediate need for the Civil Procedure Rule Committee (CPRC) to introduce a new privacy rule for certain costs issues in environmental cases as it could conflict with its open justice review, it has decided.’

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Litigation Futures, 22nd November 2017

Source: www.litigationfutures.com

Making the most of Cost Budgeting – Hardwicke Chambers

Posted November 23rd, 2017 in budgets, costs, news by sally

‘Love it or loathe it (for most it is the latter), cost budgeting is here for the foreseeable future. It can be a time consuming and tiresome exercise. But unless lawyers roll up their sleeves and get stuck in they risk significantly disadvantaging their clients and opening themselves up to negligence claims. On the other hand, forethought and preparation can reap tactical and financial benefits. What follows is an outline of the budgeting process and some suggested methods of making the most of it.’

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Hardwicke Chambers, 20th November 2017

Source: www.hardwicke.co.uk

Security for costs: ATE policies – Hardwicke Chambers

Posted November 22nd, 2017 in civil procedure rules, costs, insolvency, insurance, judgments, news by sally

‘In a commendable judgment dated 24 October 2016 in Premier Motorauctions v Pricewaterhouse Coopers, Snowden J injected a much needed dose of realism into an issue which had, for too long, suffered from a regrettable degree of uncertainty, namely security for costs applications against parties with after the event (ATE) insurance cover. Cases this year suggest that this is now a go-to authority for applications of this sort.’

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Hardwicke Chambers, 16th November 2017

Source: www.hardwicke.co.uk

Claiming for the costs of a surrogacy arrangement: A new head of loss? – Family Law

Posted November 22nd, 2017 in costs, damages, negligence, news, surrogacy by sally

‘They say that nothing can prepare you for the sheer overwhelming experience of what it means to be a parent. But how would you feel if that opportunity was taken away from you because of the negligent action of someone else? In the recent case of XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB), XX received £74,000 for the cost of two surrogacies in the UK. This was because XX was unable to bear children as a direct consequence of her delayed diagnosis of cervical cancer.’

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Family Law, 21st November 2017

Source: www.familylaw.co.uk

Landlady who repeatedly told Irish traveller she would not serve him must pay £1,500 in damages – Daily Telegraph

Posted November 21st, 2017 in costs, damages, news, race discrimination, travellers by sally

‘A pub landlady has been ordered to pay an Irish traveller £1,500 in damages after agreeing she was refusing to serve him because of his background, having been asked the question 18 times.’

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Daily Telegraph, 20th November 2017

Source: www.telegraph.co.uk

Families of 1974 bombings victims turn to crowdfunding after legal aid denied – Law Society’s Gazette

Posted November 16th, 2017 in costs, families, inquests, legal aid, legal representation, news by sally

‘A campaign group is seeking funds to pay for a judicial review challenging the terms of reference of an inquest into the deaths of the Birmingham Pub Bombings victims after a request for legal aid was denied. Justice4the21 is asking legal professionals to donate what they can to fund a challenge to a coroner’s decision earlier this year to exclude the issue of who was responsible for the 1974 bombings.’

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Law Society's Gazette, 15th November 2017

Source: www.lawgazette.co.uk

Recycling company apologises after trial over shredder death – The Guardian

Posted November 16th, 2017 in accidents, costs, fines, health & safety, news, suspended sentences by sally

‘A recycling company has apologised after an agency worker was dragged into an industrial waste shredder and killed.’

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The Guardian, 15th November 2017

Source: www.theguardian.com

‘Change your attitude’: judge threatens litigators with ‘draconian’ costs penalties – Law Society’s Gazette

Posted November 15th, 2017 in case management, costs, delay, news, penalties by sally

‘A High Court judge has warned of ‘draconian’ costs penalties should two parties in litigation continue to refuse to cooperate.’

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Law Society's Gazette, 15th November 2017

Source: www.lawgazette.co.uk

Blackpool bar ordered to pay £336k over planning breaches – Local Government Lawyer

Posted November 14th, 2017 in confiscation, costs, fines, news, planning by sally

‘A Blackpool bar owner must pay a total of £336,000 in confiscation, a fine and costs for a lengthy breach of planning conditions.’

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Local Government Lawyer, 14th November 2017

Source: www.localgovernmentlawyer.co.uk

High Court: proportionality is about more than ‘damages v costs’ – Litigation Futures

Posted November 14th, 2017 in case management, costs, damages, news, proportionality by sally

‘Proportionality involves more than simply comparing budgets with the size of the damages claimed, a High Court judge has made clear in deciding that costs management should be applied in a case worth £350m.’

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Litigation Futures, 14th November 2017

Source: www.litigationfutures.com

Claimant ordered to pay council £12k over false claims of pothole injury – Local Government Lawyer

Posted November 10th, 2017 in costs, evidence, news, personal injuries by sally

‘A man has been ordered to pay £12,000 to a council after a court found he falsely claimed he was injured by tripping in a pothole.’

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Local Government Lawyer, 9th November 2017

Source: www.localgovernmentlawyer.co.uk

High Court issues costs penalties for claimants’ conduct in settling claim – Litigation Futures

Posted November 10th, 2017 in costs, defamation, delay, news, part 36 offers, penalties by sally

‘A corporate claimant that accepted a part 36 offer late should not get its costs up to the point where the offer expired because its conduct meant the usual rule should not apply, the High Court has ruled.’

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Litigation Futures, 9th November 2017

Source: www.litigationfutures.com

Legal costs capped for those who can’t pay energy bills – The Guardian

Posted November 10th, 2017 in costs, debts, news, utilities, warrants by sally

‘Gas and electricity customers who have fallen so far behind with their payments that they are forced to have a prepayment meter, are to have their court and legal charges capped at £150 by the energy regulator.’

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The Guardian, 10th November 2017

Source: www.theguardian.com

Munby cancels 21 divorces handled by fraudster ex-barrister – Law Society’s Gazette

Posted November 9th, 2017 in barristers, costs, divorce, documents, fraud, impersonating a barrister, news by sally

‘The High Court has torn up 21 divorce petitions that were engineered by a convicted fraudster and former barrister.’

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Law Society's Gazette, 9th November 2017

Source: www.lawgazette.co.uk

Wannabe YouTube star sentenced for ‘tombstoning’ into swimming pool during water polo match – Daily Telegraph

Posted November 9th, 2017 in community service, costs, news, nuisance, sentencing, young persons by sally

‘A wannabe YouTube star has been convicted after he filmed himself “tombstoning” into a swimming pool during a water polo match in a bid to make money from social media.’

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Daily Telegraph, 8th November 2017

Source: www.telegraph.co.uk

Employee wins partial victory on harassment in pot plant case – Local Government Lawyer

Posted November 8th, 2017 in complaints, costs, employment tribunals, harassment, local government, London, news, privacy, race discrimination, victimisation by sally

‘A Westminster City Council employee has won a partial victory at an employment tribunal in a case that arose over a disputed pot plant.’

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Local Government Lawyer, 8th November 2017

Source: localgovernmentlawyer.co.uk