Fixed-cost plans for clinical negligence “will prevent many cases being brought”, CJC warns – Litigation Futures

‘Government plans to impose fixed costs on clinical negligence cases worth up to £25,000 “will prevent many cases being brought”, the Civil Justice Council (CJC) has warned.’

Full story

Litigation Futures, 11th May 2017

Source: www.litigationfutures.com

Insurer loses bid to appeal indemnity costs issue in unusual case where expert agreed to cover its costs – Litigation Futures

Posted May 9th, 2017 in appeals, costs, expert witnesses, indemnities, insurance, news by sally

‘An insurer has failed to convince a judge that a medical expert who agreed to cover its costs in a whiplash case should be ordered to pay on the indemnity basis.’

Full story

Litigation Futures, 9th May 2017

Source: www.litigationfutures.com

High Court upholds decision to disapply QOCS in ‘mixed’ claim – Litigation Futures

Posted May 9th, 2017 in civil procedure rules, costs, news, personal injuries by sally

‘The High Court has upheld a ruling that disapplied qualified one-way costs-shifting (QOCS) under the little-used exception relating to “mixed” claims, and in what is said to be the first case of its type, where the personal injury (PI) element was found to be a relatively minor part of the wider claim.’

Full story

Litigation Futures, 9th May 2017

Source: www.litigationfutures.com

Defendant told to pay £100k legal costs to council over harassment campaign – Local Government Lawyer

Posted May 8th, 2017 in costs, harassment, news by sally

‘A man has been ordered to pay Hertsmere Borough Council £100,000 in legal costs after he conducted a long campaign of harassment against councillors and officers.’

Full story

Local Government Lawyer, 4th May 2017

Source: www.localgovernmentlawyer.co.uk

BBC attacks Sir Cliff Richard’s ‘grossly unreasonable’ spending on lawyers in his fight for damages against them – Daily Telegraph

Posted May 5th, 2017 in BBC, costs, damages, defamation, news, proportionality by sally

‘BBC bosses say Sir Cliff Richard has spent “grossly unreasonable” amounts on lawyers after complaining about reports naming him as a suspected sex offender and taking legal action.’

Full story

Daily Telegraph, 4th May 2017

Source: www.telegraph.co.uk

APIL pushes for “predictable claim process” for fixed cost clinical negligence cases – Litigation Futures

Posted May 3rd, 2017 in costs, government departments, negligence, news, personal injuries by sally

‘The Association of Personal Injury Lawyers (APIL) has called for a “predictable claim process” for clinical negligence actions if the government goes ahead with its plan to impose fixed costs for cases worth up to £25,000.’

Full story

Litigation futures, 2nd May 2017

Source: www.litigationfutures.com

Campaigners to crowd fund judicial review of partial hospital closure – Local Government Lawyer

Posted April 27th, 2017 in consultations, costs, hospitals, judicial review, legal aid, news by sally

‘A crowdfunding campaign to judicially review a partial hospital closure in Devon has won backing from Honition Town Council’

Full story

Local Government Lawyer, 26th April 2017

Source: www.localgovernmentlawyer.co.uk

Farm worker caught on camera brutally attacking newborn calf blames violence on break-up from girlfriend – Daily Telegraph

‘A young farm worker who threw a newborn calf to the floor and repeatedly stamped on it before kicking its mother in the head blamed his behaviour on breaking up with his girlfriend months earlier.’

Full story

Daily Telegraph, 26th April 2017

Source: www.telegraph.co.uk

Doctors’ body urges government to aim high with fixed-fee cap for clinical negligence cases – Litigation Futures

Posted April 25th, 2017 in consultations, costs, doctors, fees, health, negligence, news by sally

‘The Medical Protection Society (MPS) has called on the government to be more “bold” with its proposals to introduced fixed costs for clinical negligence cases by including cases worth up to £250,000 – 10 times the proposed limit.’

Full story

Litigation Futures, 25th April 2017

Source: www.litigationfutures.com

High Court fast-tracks challenge to environmental costs reforms – Litigation Futures

Posted April 25th, 2017 in charities, costs, environmental protection, news by sally

‘The High Court has fast-tracked a judicial review brought by three charities challenging the new costs regime for cases involving the environment.’

Full story

Litigation Futures, 24th April 2017

Source: www.litigationfutures.com

Supreme Court dismisses media publishers’ appeals against costs awards – OUT-LAW.com

‘The UK’s highest court has dismissed the appeals of three media publishers against costs orders made against them by High Court judges in separate libel and privacy cases.’

Full story

OUT-LAW.com, 18th April 2017

Source: www.out-law.com

When winning isn’t enough: Court of Appeal order successful party to pay 75% of other side’s costs – Litigation Futures

Posted April 20th, 2017 in abuse of process, appeals, costs, news, striking out by sally

‘A High Court judge was entitled to penalise a firm of Russian stockbrokers for conduct that “fell below acceptable standards of conducting litigation” by ordering it to pay 75% of the other side’s costs, even though it had successfully resisted a bid to strike out its claim, the Court of Appeal has ruled.’

Full story

Litigation Futures, 20th April 2017

Source: www.litigationfutures.com

CA offers pointers on when costs should be awarded in small claims court – Litigation Futures

Posted April 19th, 2017 in appeals, civil procedure rules, costs, judges, news, small claims by sally

‘The “unreasonable conduct” test for ordering costs in the small claims court is similar to that for wasted costs, the Court of Appeal has ruled, but said it would not want litigants to be “too easily deterred” by the risk of an adverse costs award.’

Full story

Litigation Futures, 18th April 2017

Source: www.litigationfutures.com

Jackson backs cost capping for Mercantile Court pilot – Litigation Futures

Posted April 13th, 2017 in costs, courts, news, pilot schemes by sally

‘Lord Justice Jackson has chosen cost capping, rather than fixed costs, as the way forward for a voluntary pilot he hopes to introduce in the Mercantile Court, as the judge continues to investigate the possible extension of fixed recoverable costs.’

Full story

Litigation Futures, 13th April 2017

Source: www.litigationfutures.com

Drink-driver who crashed with son in car jailed – The Guardian

Posted April 11th, 2017 in costs, dangerous driving, disqualification, driving licences, news, sentencing by sally

‘A drink-driver who smashed into a concrete roundabout island and launched her car 14ft into the air while her child was in the back has been jailed.’

Full story

The Guardian, 10th April 2017

Source: www.guardian.co.uk

Katie Hopkins and serious harm – Law Society’s Gazette

Posted April 10th, 2017 in costs, damages, defamation, internet, news by sally

‘Both Katie Hopkins and Jack Monroe are outspoken, including on Twitter. During anti-government protests following the 2015 general election, graffiti was sprayed on to a memorial to the women of the second world war. Hopkins tweeted at 7.20pm on 18 May: ‘@MsJackMonroe scrawled on any memorials recently? Vandalised the memory of those who fought for your freedom. Grandma got any more medals?’ Monroe responded 13 minutes later: ‘I have NEVER “scrawled on a memorial”. Brother in the RAF. Dad was a Para in the Falklands. You’re a piece of shit’. Later that evening she demanded Hopkins delete the tweet, apologise and make a £5,000 donation to charity. By 9.47pm, Hopkins, having realised she had confused Monroe with journalist Laurie Penny, had deleted the first tweet but further tweeted: ‘Can someone explain to me – in 10 words or less – the difference between irritant @PennyRed and social anthrax @MsJackMonroe.’ On 2 June, Hopkins finally tweeted a retraction, but no apology: ‘@MsJackMonroe I was confused about identity. I got it wrong.’’

Full story

Law Society’s Gazette, 10th April 2017

Source: www.lawgazette.co.uk

Rare butterfly killer Philip Cullen spared jail – BBC News

‘A collector who captured and killed the UK’s rarest butterfly – the Large Blue – has been spared jail.’

Full story

BBC News, 7th April 2017

Source: www.bbc.co.uk

Unreliable ATE Policies – A Warning for Defendants – Radcliffe Chambers

Posted April 6th, 2017 in costs, insurance, news, part 36 offers, trials by sally

‘The recent decision in Denso Manufacturing UK Ltd v Great Lakes Reinsurance (UK) plc [2017] EWHC 391 (Comm) highlights the fact that defendants should not be confident that, if a claim fails, the unsuccessful claimants’ ATE policies will pay out’

Full story (PDF)

Radcliffe Chambers, 3rd April 2017

Source: www.radcliffechambers.com

Service Charges: No Double Recovery – Local Government Law

Posted April 6th, 2017 in appeals, costs, housing, leases, local government, news, service charges by sally

‘In Sheffield City Council v Oliver (2007) EWCA Civ 225 the local authority was unsuccessful in its appeal from an Upper Tribunal (Lands Chamber) decision concerning the funding of major refurbishment works to several blocks of flats of which it is the freeholder.’

Full story

Local Government Law, 5th April 2017

Source: www.11kbw.com/blogs/local-government-law

Ex-BBC worker Geoffrey Wheeler guilty of indecent assault – BBC News

Posted April 4th, 2017 in assault, BBC, community service, costs, news, sentencing, sexual offences by sally

‘An ex-BBC employee who indecently assaulted a woman more than 30 years ago was told his “past has caught up” as he was convicted.’

Full story

BBC News, 3rd April 2017

Source: www.bbc.co.uk