Shorter trials scheme case keeps costs under control – Litigation Futures

Posted July 11th, 2017 in costs, disclosure, news, pilot schemes, trials by sally

‘A contractual dispute between an oil trader and a biofuels manufacturer has shown the “possibilities for swift and litigation” under the High Court’s shorter trials scheme (STS), according to the barrister acting for the defendant.’

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Litigation Futures, 11th July 2017

Source: www.litigationfutures.com

Court of Appeal QOCS decision provides claimant insurers comfort, says expert – OUT-LAW.com

Posted July 11th, 2017 in appeals, civil procedure rules, costs, insurance, news by sally

‘The Court of Appeal has ruled that qualified one-way costs shifting (QOCS) should apply where an injured party has the right to pursue compensation against an organisation such as an insurance company or tour operator, rather than the wrongdoer.’

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OUT-LAW.com, 11th July 2017

Source: www.out-law.com

Major boost for claimants with Court of Appeal QOCS ruling – Litigation Futures

‘Qualified one-way costs shifting (QOCS) does apply for the benefit of a paralysed lorry driver who had his claim struck out against the Motor Insurance Bureau (MIB), the Court of Appeal has ruled, overturning the High Court.’

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Litigation Futures, 10th July 2017

Source: www.litigationfutures.com

How does the costs budget affect the final bill? – Court of Appeal provides guidance in Harrison – Zenith PI

‘Recent uncertainty as to how a costs budget impacts on the final bill in relation to both incurred and estimated costs has, to some extent, been resolved by the judgment in Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792.’

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Zenith PI, 6th July 2017

Source: zenithpi.wordpress.com

Claimant entitled to shifted costs against compensatory body – Law Society’s Gazette

Posted July 7th, 2017 in compensation, costs, insurance, news, personal injuries, road traffic by sally

‘A claimant severely injured in a crash with an unknown motorist is entitled to costs protection against a compensatory body, the Court of Appeal has ruled.’

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Law Society's Gazette, 7th July 2017

Source: www.lawgazette.co.uk

The Court of Appeal speaks again: Gore v Naheed – Garden Court Chambers

Posted July 6th, 2017 in appeals, arbitration, costs, news by sally

‘In May this year I blogged about the case of Thakkar v Patel [2017] EWCA Civ 117 as an example of a case in which the Court of Appeal was encouraging parties to mediate their dispute or face serious cost consequences [Mediation? “Get on with it” says the Court of Appeal]. In that case the Court found that mediation was “obviously appropriate” and did not occur because of lack of co-operation by the defendant. I commented then that “no two cases are the same”. Now along comes the case of Gore v Naheed [2017] EWCA Civ 369.’

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Garden Court Chambers, 26th June 2017

Source: gardencourtmediation.co.uk

Harrison v. University Hospitals – Hailsham Chambers

Posted July 5th, 2017 in appeals, budgets, costs, news, proportionality, reasons by sally

‘In a decision handed down yesterday, the Court of Appeal in Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 791 determined important issues in costs budgeting. They are of relevance to all practitioners.’

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Hailsham Chambers, 22nd June 2017

Source: zm4b8103lu53ydv9q1e2go51-wpengine.netdna-ssl.com

Defendant Secures non-party Costs order against Credit Hire Organisation – Park Square Barristers

‘In this Judgment handed down last week, the Court considered the potential for credit hire companies, who were not parties to the litigation, to be the subject of costs orders. The Appellant car hire company was the subject of such a non-party costs order at first instance and appealed to the High Court. The decision is one which anyone involved in credit hire should be aware of.

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Park Square Barristers, 29th June 2017

Source: www.parksquarebarristers.co.uk

Nicholas Siddall on Employment Tribunal Costs: New Guidance – Littleton Chambers

Posted July 5th, 2017 in civil procedure rules, costs, employment tribunals, judgments, news by sally

‘Nicholas Siddall analyses the recent judgment of the EAT in Swissport v Exley & Ors [2017] UKEAT/007/16 (Slade J) in which he successfully appeared and the interesting observations therein made by the EAT as to the correct approach to assessing costs in the Employment Tribunal.’

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Littleton Chambers, 30th June 2017

Source: www.littletonchambers.com

“No value in making general comment on incurred costs” says chief master – Litigation Futures

Posted July 5th, 2017 in budgets, costs, news, proportionality by sally

‘The chief master of the Chancery Division has outlined considerable reservations about making a comment on incurred costs as part of the budgeting process, saying there is “little or no value” in recording a general comment such as that they are “too high”.’

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Litigation Futures, 4th July 2017

Source: www.litigationfutures.com

Media litigators unhappy with procedure and costs budgeting – Litigation Futures

‘Lawyers and other users of the new media and communications list are unhappy with how the Civil Procedure Rules (CPR) apply to the field, and particularly costs budgeting, according to the outcome of a consultation launched by Mr Justice Warby.’

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Law & Religion UK, 3rd July 2017

Source: www.litigationfutures.com

SRA shuts down law firm referred by Court of Appeal after it revoked £500,000 costs order – Legal Futures

‘A law firm referred to the Solicitors Regulation Authority (SRA) by the Court of Appeal earlier this year has been shut down by the regulator.’

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Legal Futures, 4th July 2017

Source: www.legalfutures.co.uk

Judge rejects bid to move case out of IPEC because of claimant’s need for costs protection – Litigation Futures

Posted June 29th, 2017 in costs, courts, intellectual property, news, small businesses, trials by sally

‘A defendant’s bid to transfer a case from the Intellectual Property Enterprise Court (IPEC) to the High Court has been dismissed because of the costs risk the SME claimant would then face.’

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Litigation Futures, 28th June 2017

Source: www.litigationfutures.com

Solicitors’ LLP not a litigant in person when acting for itself in proceedings, Court of Appeal says – Litigation Futures

‘A law firm LLP which acted for itself in legal proceedings is not a litigant in person for the purposes of the CPR, the Court of Appeal has held.’

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Litigation Futures, 26th June 2017

Source: www.litigationfutures.com

Medical Protection Society lays out nine-point plan for “urgent” reform of claims – Litigation Futures

Posted June 23rd, 2017 in compensation, costs, health, negligence, news, statistics by sally

‘Medical Protection Society lays out nine-point plan for “urgent” reform of claims.’

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Litigation Futures, 23rd June 2017

Source: www.litigationfutures.com

Cost of NHS negligence claims likely to double by 2023, says study – The Guardian

Posted June 23rd, 2017 in compensation, costs, health, negligence, news by sally

‘The annual cost to the NHS in England of settling clinical negligence claims is equivalent to training 6,500 doctors and is expected to double by 2023, according to the Medical Protection Society.’

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The Guardian, 23rd June 2017

Source: www.theguardian.com

Term-time holiday legal battle has cost taxpayers almost £140,000 so far – The Guardian

Posted June 23rd, 2017 in costs, education, fines, government departments, holidays, news, school children by sally

‘The government spent almost £140,000 of taxpayers’ money on a prolonged legal battle against a father who took his daughter out of school for a holiday during term-time, according to new figures.’

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The Guardian, 23rd June 2017

Source: www.theguardian.com

Jackson to pilot £80,000 costs cap for some cases worth up to £250,000 – Litigation Futures

Posted June 22nd, 2017 in costs capping orders, news, pilot schemes by sally

‘The work on extending fixed recoverable costs (FRC) is going to start with a pilot to test capping costs at £80,000 for claims up to £250,000 in a limited number of courts, it has emerged.’

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Litigation Futures, 22nd June 2017

Source: www.litigationfutures.com

Costs: Appeal court backs Merrix stance on budget status – Law Society’s Gazette

Posted June 22nd, 2017 in budgets, civil procedure rules, costs, news, proportionality by sally

‘An approved budget cannot be re-opened by a costs judge at detailed assessment unless there is “good reason” to do so, the Court of Appeal held today in a much-awaited ruling in Harrison v University Hospitals Coventry & Warwickshire NHS Trust.’

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Law Society's Gazette, 21st June 2017

Source: www.lawgazette.co.uk

Revealed: Jackson’s fixed fees pilot to cap costs at £80k – Law Society’s Gazette

Posted June 21st, 2017 in civil justice, civil procedure rules, costs, judges, news, pilot schemes by sally

‘Pointers for the potential level of fixed costs for civil claims have been revealed on the eve of a pilot scheme to test how the idea will work.’

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Law Society's Gazette, 20th June 2017

Source: www.lawgazette.co.uk