Electronic bill of costs compulsory from October – Law Society’s Gazette

Posted May 31st, 2017 in costs, electronic filing, news by sally

‘Solicitors should brace themselves for a major change in the way litigation costs are worked out when a new electronic bill of costs becomes compulsory.’

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Law Society's Gazette, 26th May 2017

Source: www.lawgazette.co.uk

To mediate or not to mediate? – New Law Journal

Posted May 30th, 2017 in arbitration, costs, news by sally

‘Catriona Stewart discusses the possible cost consequences of delayed or abandoned mediation attempts.’

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New Law Journal, 19th May 2017

Source: www.newlawjournal.co.uk

Service charge disputes and recovery of costs – Nearly Legal

Posted May 30th, 2017 in costs, landlord & tenant, news, service charges, tribunals by sally

‘This was an appeal to the UT on various issue arising from an FTT decision. We will not dwell on the issue of specific charges not being consulted on under s.20, but not – as the UT found, overturning the FTT – subject to a Qualifying Long Term Agreement, because the more general point concerned the landlord having put some £11,000 of legal costs on the drawn out service charge disputes through on the service charge (not, we should note, as an administrative charge).’

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Nearly Legal, 28th May 2017

Source: nearlylegal.co.uk

Court of Appeal backs claimants over post-legal aid CFA – Law Society’s Gazette

Posted May 26th, 2017 in appeals, costs, fees, legal aid, news by sally

‘The Court of Appeal has upheld a conditional fee agreement entered into because legal aid had run out – even though the legal aid certificate had not been formally discharged.’

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Law Society’s Gazette, 24th May 2017

Source: www.lawgazette.co.uk

Landlords found guilty after housing 31 people in four-bed home – Local Government Lawyer

Posted May 25th, 2017 in costs, housing, landlord & tenant, licensing, news by sally

‘Three family members who received £112,000 a year by housing 31 people into a four-bedroom home in Wembley, have been found guilty of breaching landlord licensing rules.’

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Local Government Lawyer, 24th May 2017

Source: www.localgovernmentlawyer.co.uk

Appeal court judge outlines hesitation at penalising parties who shun mediation – Litigation Futures

Posted May 25th, 2017 in appeals, arbitration, costs, judges, news by sally

‘Litigants who shun mediation because they want their day in court should not be penalised for their conduct, a Court of Appeal judge has suggested.’

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Litigation Futures, 25th May 2017

Source: www.litigationfutures.com

Angry judge locks up criminal for calling him ‘mate’ in court – Daily Telegraph

Posted May 25th, 2017 in contempt of court, costs, debts, fines, judges, news, racism, sentencing by sally

‘A judge has thrown a racist who called him “mate” in court behind bars for being disrespectful.’

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Daily Telegraph, 24th May 2017

Source: www.telegraph.co.uk

Mercantile courts to trial fixed costs from later this year – OUT-LAW.com

Posted May 24th, 2017 in civil procedure rules, costs, courts, judges, news, pilot schemes by sally

‘A fixed costs pilot scheme could get underway in the mercantile courts by the end of this year, according to minutes from recent meetings of the Civil Procedure Rules Committee (CPRC).’

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OUT-LAW.com, 23rd May 2017

Source: www.out-law.com

Judge outlines concern over “extraordinary” £129m costs of RBS in defending rights issue case – Litigation Futures

Posted May 24th, 2017 in banking, costs, insurance, judges, news, payment into court by sally

‘The judge in charge of the RBS rights issue litigation has outlined his “very great concern” about the “extraordinary” costs racked up by the bank, which are currently estimated at £129m.’

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Litigation Futures, 24th May 2017

Source: www.litigationfutures.com

Exclusive: Jackson “moving away” from £250,000 upper limit for fixed-cost cases – Litigation Futures

Posted May 23rd, 2017 in costs, negligence, news, personal injuries, reports by sally

‘A widespread consensus has emerged that Lord Justice Jackson is backing away from extending fixed recoverable costs to cases worth up to £250,000, Litigation Futures can report – although what level he is now looking at is unknown.’

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Litigation Futures, 23rd may 2017

Source: www.litigationfutures.com

Co-op fined for wet floor slip death in Truro shop – BBC News

Posted May 22nd, 2017 in accidents, costs, fines, health & safety, news by sally

‘The Co-op has been fined £400,000 over the death of a man who slipped on water leaking from a faulty sandwich chiller.’

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BBC News, 22nd May 2017

Source: www.bbc.co.uk

Court criticises party for ‘completely unrealistic’ view of other side’s costs – OUT-LAW.com

Posted May 19th, 2017 in budgets, case management, costs, news, proportionality by sally

‘A High Court judge has accused costs lawyers of “abuse of the cost budgeting process” following an “unjustifiably low” estimate of the other side’s costs.’

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OUT-LAW.com, 18th May 2017

Source: www.out-law.com

Unreasonable Behaviour – Costs on the Small Claims Track – Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269 – Zenith PI Blog

Posted May 18th, 2017 in appeals, costs, news, personal injuries, small claims by sally

‘In 2002, Mr. Dammermann entered into a mortgage with a bank. He defaulted on that mortgage and LPA receivers were appointed. The receivers appointed Lanyon Bowdler to conduct the sale of the property. On sale of the property Lanyon rendered a bill to the receivers that was paid and became part of the secured liability. Mr. Dammermann issued proceedings contesting the legal fees charged.’

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Zenith PI Blog, 17th May 2017

Source: www.zenithpi.wordpress.com

Stage 1 Costs Do Not Need To Be Repaid – JC and A Solicitors v Iqbal (1) EUI (2) [2017] EWCA Civ 355 – Zenith PI Blog

Posted May 18th, 2017 in appeals, costs, insurance, news, personal injuries, repayment by sally

‘This case concerned the issue of whether or not claimants (or their solicitors) should be obliged to repay Stage 1 costs of £400 + VAT (under the “old” Portal rules) in claims which did not then proceed to Stage 2.’

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Zenith PI Blog, 16th May 2017

Source: www.zenithpi.wordpress.com

Claimant delight as court rejects repayment of £400 fixed costs – Law Society’s Gazette

Posted May 18th, 2017 in appeals, costs, insurance, news, personal injuries, repayment by sally

‘The Court of Appeal has ruled that solicitors should be able to claim protocol costs for claims which did not go beyond the first stage.’

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Law Society’s Gazette, 16th May 2017

Source: www.lawgazette.co.uk

Court of Appeal backs claimant solicitors in “£400 club” case – Litigation Futures

‘Solicitors who received the £400 stage 1 fixed-costs payment due under the original version of the RTA protocol do not have to repay the money even though no action was then taken on their cases, the Court of Appeal has ruled.’

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Litigation Futures, 16th May 2017

Source: www.litigationfutures.com

Low-Budget Litigation – Not Necessarily A Good Thing – Parties Should Not Treat Costs Budgeting As Some Sort of Game – Zenith PI Blog

Posted May 16th, 2017 in budgets, civil justice, costs, news, solicitors by sally

‘It is far from unknown, in my own experience of costs management hearings, for a party which does not expect to recover any costs (for example, a defendant in a case where liability has been admitted) to serve a very low costs budget.’

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Zenith PI Blog, 16th May 2017

Source: www.zenithpi.wordpress.com

“This is not a game” – High Court warns party that countered claimant’s budget with very low figures – Litigation Futures

Posted May 16th, 2017 in budgets, case management, costs, news by sally

‘A defendant who offered very low sums in their budget discussion report in the hope that the court may compromise in the middle of the polarised figures put forward by the two sides is guilty of “an abuse of the cost budgeting process”, a High Court judge has ruled.’

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Litigation Futures, 15th May 2017

Source: www.litigationfutures.com

Civil procedure: Unreasonable conduct and costs – Law Society’s Gazette

Posted May 15th, 2017 in appeals, civil procedure rules, costs, news, small claims by sally

‘It is trite that a court will carefully scrutinise the parties’ behaviour when assessing costs in civil disputes. There is now a rich body of case law which provides judicial guidance on the courts’ general approach in assessing unreasonable behaviour when considering whether to make adverse costs orders. Further judicial guidance on assessing unreasonable behaviour has recently been given by the Court of Appeal in Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269. In that case the court provided important guidance on the ‘unreasonable behaviour’ test for ordering costs in the small claims court.’

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Law Society’s Gazette, 15th May 2017

Source: www.lawgazette.co.uk

Judge accepts “material change” argument in increasing security for costs – Litigation Futures

Posted May 15th, 2017 in costs, indemnities, news by sally

‘The High Court has agreed to order a claimant to pay additional security for costs, even though the ‘material change’ in circumstances behind the defendant’s application were known to the judge who made the original order.’

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Litigation Futures, 15th May 2017

Source: www.litigationfuture.com