ATE insurer escapes £320,000 costs liability because of policy breaches – Litigation Futures

Posted March 7th, 2017 in contracts, costs, damages, insurance, news by sally

‘An after-the-event insurer (ATE) has escaped liability to pay out £320,000 after the High Court found that its insured had breached four conditions precedent in the policy.’

Full story

Litigation Futures, 7th March 2017

Source: www.litigationfutures.com

Speech by Lord Justice Jackson: Keynote address on the Review of Fixed Recoverable Costs – Courts and Tribunals Judiciary

Posted March 7th, 2017 in costs, judges, speeches by sally

‘Speech given at the Costs Conference, 7 March 2017.
This lecture has two main purposes. First, it is a progress report. Secondly the lecture is intended to set a framework for the future planned seminars.’

Full speech

Courts and Tribunals Judiciary, 7th March 2017

Source: www.judiciary.gov.uk

Asda fined £300,000 after dead mice, rotting food and fly larvae found at its depot – The Independent

Posted March 7th, 2017 in costs, food hygiene, news by sally

‘Asda has been fined £300,000 after inspectors found dead mice and flies at a depot that distributes food to online shoppers in London and Essex.’

Full story

The Independent, 6th March 2017

Source: www.independent.co.uk

Liverpool ‘lack of care’ home owners fined £80k over ‘dangerous, dirty’ conditions – BBC News

Posted March 7th, 2017 in care homes, costs, fines, news, quality assurance by sally

‘Two brothers who ran a care home where elderly residents lived in squalor have been fined more than £80,000.’

Full story

BBC News, 6th March 2017

Source: www.bbc.co.uk

NHS tainted blood scandal: scheme to compensate victims to be scaled back – The Guardian

Posted March 7th, 2017 in blood products, compensation, consultations, costs, health, news, victims by sally

‘Government proposals aim to cut costs as ministers believe more people will develop serious health issues, pushing programme over budget.’

Full story

The Guardian, 7th March 2017

Source: www.guardian.co.uk

New costs cap regime in force for environmental cases – OUT-LAW.com

‘Courts in England and Wales have new powers to change the maximum cost liabilities that those challenging environmental decisions of public bodies’ through judicial review could be exposed to under new rules that are now in force.’

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OUT-LAW.com, 3rd March 2017

Source: www.out-law.com

Judge calls for ‘procedural co-ordination’ in development of legal costs law – OUT-LAW.com

Posted March 2nd, 2017 in budgets, civil procedure rules, costs, news, pre-action conduct by sally

‘It will be important for judges to take a co-ordinated approach as the case law around legal costs and cost budgeting develops, a High Court judge has said.’

Full story

OUT-LAW.com, 2nd March 2017

Source: www.out-law.com

The Importance of Costs Budgets – Merrix v Heart of England NHS Trust [2017] EWHC 346 (QB) – Zenith PI Blog

Posted March 2nd, 2017 in budgets, civil procedure rules, costs, news by sally

‘The Appellant had succeeded against the Respondent in a clinical negligence claim but when the matter came before District Judge Lumb for a detailed assessment of her costs, he was asked to determine as a preliminary issues whether his discretion on costs was fettered by the cots budgeting regime. The case had settled in advance of the trial with the inevitable consequence that the Appellant’s costs were significantly less than those which had been budgeted for and approved pursuant to a previous costs management order made under CPR 3.15(2).’

Full story

Zenith PI Blog, 1st March 2017

Source: www.zenithpi.wordpress.com

High Court refuses to strike-out claim against Saudi prince over unpaid interim costs order – Litigation Futures

Posted March 2nd, 2017 in agreements, costs, news, sale of land, Saudi Arabia, striking out by sally

‘A High Court judge has refused to strike-out a claim by a woman who failed to comply with a Court of Appeal order to pay £250,000 in interim costs, on the grounds that it would breach her rights to a fair trial.’

Full story

Litigation Futures, 2nd March 2017

Source: www.litigationfutures.com

Environment groups fear cost rules may deter vital court challenges – The Guardian

‘Legal challenges to government air pollution standards or to the expansion of Heathrow airport have become too risky financially to pursue under new court regulations, environmental groups are warning.’

Full story

The Guardian, 28th February 2017

Source: www.guardian.co.uk

Civil procedure update: new rules – make sure you know what’s coming! – Zenith PI Blog

Posted February 28th, 2017 in budgets, civil procedure rules, costs, fees, news, sanctions, trials by sally

‘On 3rd February 2017 the Civil Procedure (Amendment) Rules 2017 were made. The majority of these rules will come into force on 6th April 2017.’

Full story

Zenith PI, 28th February 2017

Source: www.zenithpi.wordpress.com

Southwark council fined £570,000 over fatal tower block fire – The Guardian

Posted February 28th, 2017 in costs, fines, fire, health & safety, housing, local government, news by sally

‘The London fire brigade has said it hopes “lessons are learned” after a council was fined £570,000 over safety failings at a 14-storey block of flats where six people died in a fire.’

Full story

The Guardian, 28th February 2017

Source: www.guardian.co.uk

High Court: costs budget DOES trump detailed assessment – Litigation Futures

Posted February 27th, 2017 in appeals, budgets, civil procedure rules, costs, judges, judgments, news, stay of proceedings by sally

‘An approved or agreed budget will bind the parties at detailed assessment unless there is good reason not to, the High Court has ruled in a decision that is almost certain to go to the Court of Appeal.’

Full story

Litigation Futures, 24th February 2017

Source: www.litigationfutures.com

HRA Claims and Concurrent Care Proceedings: Third Party Costs Orders, Statutory Charge Guidance and an Invitation to the Lord Chancellor – Family Law Week

‘Ben Mansfield, barrister of The 36 Group, examines the judgment of Mr Justice Keehan in H (A Minor) v Northamptonshire County Council and the Legal Aid Agency [2017] EWHC 282 (Fam).’

Full story

Family Law Week, 23rd February 2017

Source: www.familylawweek.co.uk

Case of conflicting CPR provisions “highlight concerns over fixed costs extension” – Litigation Futures

‘A recent ruling caused by “shoddy” drafting of the CPR highlights the importance of any extension of fixed costs being accompanied by “a well-drafted and fully integrated set of procedural rules”, a costs specialist has warned.’

Full story

Litigation Futures, 23rd February 2017

Source: www.litigationfutures.com

A Final Costs Order is Just That – Zenith PI Blog

Posted February 23rd, 2017 in civil procedure rules, costs, news by sally

‘CPR r.3.1(7) gives the court a general power to vary or revoke an order, but does this extend to a final order?’

Full story

Zenith PI Blog, 23rd February 2017

Source: www.zenithpi.wordpress.com

Rise of third party funding: a growing international consensus – Hardwicke Chambers

Posted February 22nd, 2017 in arbitration, costs, foreign jurisdictions, international law, news, third parties by sally

‘Whatever your opinion on the ethical implications of third party funding in international arbitration, the past six months have seen two firm nods in its favour. These have signaled that, as a method of financing arbitration, it is here to stay.’

Full story

Hardwicke Chambers, 25th January 2017

Source: www.hardwicke.co.uk

Jackson watch: fixed recoverable costs review – New Law Journal

Posted February 22nd, 2017 in budgets, costs, damages, negligence, news, personal injuries, proportionality by sally

‘David Pilling records the contributions & discussion points from Jackson LJ’s Manchester roadshow.’

Full story

New Law Journal, 21st February 2017

Source: www.newlawjournal.co.uk

Costs judge issues strong proportionality warning over need to plan cases – Litigation Futures

‘A costs judge has emphasised the need for solicitors to plan their litigation so as to ensure that their costs are proportionate, after slashing a £72,000 bill for a low-value clinical negligence case by two-thirds.’

Full story

Litigation Futures, 22nd February 2017

Source: www.litigationfutures.com

Confidentiality, Costs and Mediation – Garden Court Chambers

‘That mediation proceedings are confidential is taken as axiomatic. What is said and done in the course of a mediation remains there. The same goes for documents of whatever kind, and their contents, created for the purposes of the mediation. In the above case Master Howarth appears to have qualified these propositions to some extent.’

Full story

Garden Court Chambers, 31st January 2017

Source: www.gardencourtmediation.co.uk