Category: costs

Appeal court orders proportionality test case revisit – Law Society’s Gazette

Posted November 8th, 2017 in appeals, civil procedure rules, costs, interpretation, judges, news, proportionality by sally

‘The Court of Appeal has asked a costs judge to look again at the application of proportionality after ruling the new test was incorrectly applied. In the long-awaited appeal in BNM v MGN, master of the rolls Sir Terence Etherton held that senior costs judge Gordon-Saker had been wrong in principle to subject recoverable base cost and additional liabilities to the new proportionality rule.’

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Law Society's Gazette, 7th November 2017

Source: www.lawgazette.co.uk

Woman wins £115,000 from former friend after breaking her arm being pulled over by her Alsatian – Daily Telegraph

Posted November 2nd, 2017 in compensation, costs, dogs, negligence, news, personal injuries by sally

‘A woman has won £115,000 from her former friend after she broke her arm and hip when she was pulled over by her Alsatian dog.’

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Daily Telegraph, 1st November 2017

Source: www.telegraph.co.uk

Government to review Jackson reforms next year – Litigation Futures

Posted November 1st, 2017 in costs, news by sally

‘The Ministry of Justice (MoJ) is likely to complete a review of LASPO’s civil costs reforms by next summer, but has said it does not expect to find much that needs to change – except possibly removing the exception that currently applies to mesothelioma claims.’

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Litigation Futures, 31st October 2017

Source: www.litigationfutures.com

Defendant does not have to plead dishonesty to disapply QOCS, Court of Appeal rules – Litigation Futures

Posted October 31st, 2017 in appeals, costs, fundamental dishonesty, insurance, news by sally

‘A defendant does not have to specifically plead fundamental dishonesty for a court to find that qualified one-way costs shifting (QOCS) should be disapplied, the Court of Appeal has ruled.’

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Litigation Futures, 31st October 2017

Source: www.litigationfutures.com

The Jackson effect: One costs firm set to close as another leaves debt behind in administrator sale – Litigation Futures

Posted October 30th, 2017 in costs, debts, insolvency, law firms, legal services, news by sally

‘The harsh impact of the Jackson reforms on the costs world is on display today as we reveal that one costs business is closing down, while it has emerged that another has been reborn after the directors bought the assets, files and outstanding WIP from its joint administrators.’

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Litigation Futures, 30th October 2017

Source: www.litigationfutures.com

Tom Hickman: Public Law’s Disgrace: Part 2 – UK Constitutional Law Association

Posted October 26th, 2017 in costs, employment tribunals, fees, judicial review, news by sally

‘The issue of access to justice, and specifically the cost of litigation as a bar to accessing justice, is rightly becoming a major constitutional issue in the UK.’

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UK Constitutional Law Association, 26th October 2017

Source: ukconstitutionallaw.org

Tribunal refuses to force council to disclose legal advice over costs of employment case involving mayor – Local Government Lawyer

Posted October 25th, 2017 in costs, disclosure, indemnities, local government, news, privilege, tribunals by michael

‘A member of the public has failed in a bid to force Liverpool City Council to disclose the legal advice behind its decision to pay the costs incurred by elected mayor Joe Anderson in an unfair dismissal case.’

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Local Government Lawyer, 25th October 2017

Source: localgovernmentlawyer.co.uk

High Court demands further cuts in law firm’s £1.6m costs bill – Litigation Futures

Posted October 25th, 2017 in costs, fees, judges, law firms, news, solicitors by michael

‘Slade J said that while an estimate was not the same as a quote, Master Rowley had “exceeded the broad measure of his discretion” in considering a reasonable upper limit on profit costs to be twice as high as the second estimate.’

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Litigation Futures, 25th October 2017

Source: www.litigationfutures.com

Personal injury lawyer struck off for telling staff to fake signatures – Litigation Futures

Posted October 24th, 2017 in costs, disciplinary procedures, disqualification, forgery, news, solicitors by sally

‘A personal injury lawyer who persuaded other employees to fake client signatures and lied about it in court has been struck off by the Solicitors Disciplinary Tribunal (SDT).’

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Litigation Futures, 24th October 2017

Source: www.litigationfutures.com

MoJ “keen” on Jackson fixed costs reforms but they will generate “cottage industry”, says leading QC – Litigation Futures

Posted October 23rd, 2017 in barristers, costs, legal profession, legal services, news by sally

‘The Ministry of Justice is keen on taking forward Lord Justice Jackson’s plans to extend the use of fixed costs, according to a leading QC.’

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Litigation Futures, 20th October 2017

Source: www.litigationfutures.com

Don’t be late – Hardwicke Chambers

Posted October 20th, 2017 in budgets, civil procedure rules, costs, delay, news, sanctions, time limits by sally

‘Much has been written about the court’s discretion to grant relief from sanctions pursuant to CPR 3.9 over recent years, due to the reformulation of the rule in April 2013 and the landmark Court of Appeal decision in Mitchell MP v News Group Newspapers Ltd [2013]. The strictness of the approach in Mitchell led to an outcry from academics and practitioners, but that has now been allayed by the Court of Appeal in Denton v TH White Ltd [2014].’

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Hardwicke Chambers, 5th October 2017

Source: www.hardwicke.co.uk

Can a party withdraw from adjudication part way through and what are the implications? – Practical Law: Construction Blog

Posted October 17th, 2017 in construction industry, costs, dispute resolution, news, wasted costs orders by sally

‘Jacobs UK Ltd v Skanska Construction UK Ltd was a dispute all about the adequacy of Jacobs’ design services, which related to street lighting in Lewisham and Croydon. It highlights some interesting issues related to whether a party is entitled to withdraw from an adjudication and then start again.’

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Practical Law: Construction Blog , 17th October 2017

Source: constructionblog.practicallaw.com

Understandable Relief – CPR 3.9 Appeal – Late Filing Of Costs Budget – Zenith PI

Posted October 17th, 2017 in appeals, budgets, civil procedure rules, costs, delay, news by sally

‘I recently represented the Claimant/Appellant before HHJ Gosnell in Leeds in relation to an appeal against the refusal of an application for relief from sanctions at first instance. The appeal was successful, with relief being granted and the Claimant being permitted to rely on his costs budget, despite it having been served over two months late, rather than being treated as having filed a budget comprising only the applicable court fees.’

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Zenith PI, 16th October 2017

Source: zenithpi.wordpress.com

Government accepts Jackson’s call for CJC to seek industry agreement on low-value clin neg claims – Litigation Futures

Posted October 17th, 2017 in Civil Justice Council, costs, health, negligence, news by sally

‘The government has accepted Lord Justice Jackson’s recommendation that the Civil Justice Council (CJC) be tasked with negotiating a new bespoke process and fixed costs regime for low-value clinical negligence claims, it emerged yesterday.’

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Litigation Futures, 17th October 2017

Source: www.litigationfutures.com

Government calls for holiday sickness fraud evidence as it treats ABTA figures with caution – Legal Futures

Posted October 13th, 2017 in costs, fraud, holidays, insurance, news, personal injuries by sally

‘The Ministry of Justice has today issued a call for evidence that it said would give ministers “a greater insight into the reported rise” in fraudulent holiday sickness claims, but displayed caution in the use of the oft-cited figure of a 500% increase in cases.’

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Legal Futures, 13th October 2017

Source: www.legalfutures.co.uk

Whalley v Advantage Insurance [2017]: Costs Consequences Following the Late Acceptance of Part 36 Offers in Fixed Costs Cases – Zenith PI Blog

Posted October 12th, 2017 in civil procedure rules, costs, delay, insurance, news, part 36 offers, personal injuries by sally

‘The Claimant brought a claim for personal injury arising out a road traffic accident which took place on 11th July 2014. The Claimant went on to make a Part 36 offer to accept an 85/15 split on liability dated 7th December 2015. The Defendant’s time for accepting the offer expired on 30th December 2015. The Defendant did not in fact accept the Claimant’s Part 36 offer until 29th January 2016. The delay in accepting the offer was therefore just under one month post expiry. Quantum was agreed in the sum of £10,000 which was paid. The issue was whether the Claimant’s costs were limited to fixed costs for the entire action or whether the Claimant was entitled to either assessed costs or indemnity costs for the period 30th December 2015 to 29th January 2016.’

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Zenith PI Blog, 11th October 2017

Source: zenithpi.wordpress.com

Judge warns against ‘hindsight’ to justify indemnity costs – The Guardian

Posted October 10th, 2017 in budgets, costs, indemnities, negligence, news by sally

‘The High Court has rejected the chance to approve indemnity costs against a losing party after it found the bringing of the case could be justified.’

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The Guardian, 10th October 2017

Source: www.lawgazette.co.uk

Psychic harassed woman for 32 years, wrongly claiming to be child’s father – Daily Telegraph

Posted October 10th, 2017 in community service, costs, harassment, news, sentencing by sally

‘A former TV psychic has been banned from contacting a mother and daughter after he waged a 32-year harassment campaign in which he wrongly claimed he was the child’s father.’

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Daily Telegraph, 9th October 2017

Source: www.telegraph.co.uk

Council fined £150k over failures on hand arm vibration syndrome – Local Government Lawyer

Posted October 10th, 2017 in costs, fines, health & safety, local government, news by sally

‘A Welsh council has been fined £150,000 after a 57-year old employee in its StreetScene department was diagnosed with Hand Arm Vibration Syndrome (HAVS).’

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Local Government Lawyer, 9th October 2017

Source: www.localgovernmentlawyer.co.uk

Regional costs judge reverses position on part 36 offers in fixed-costs cases – Litigation Futures

Posted October 9th, 2017 in civil procedure rules, costs, indemnities, judges, news, part 36 offers by sally

‘A regional costs judge has concluded that he was wrong to rule in a previous case that late acceptance of a part 36 offer automatically entitled the claimant to an award of indemnity costs, and thus provided an escape route out of fixed costs.’

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Litigation Futures, 9th October 2017

Source: www.litigationfutures.com