Costs judge says no: paparazzi lose bid to recover additional liabilities from TV star Walliams – Litigation Futures

Posted February 6th, 2017 in costs, harassment, judges, news, photography, publishing by sally

‘A picture agency which sent photographers to David Walliams’ house when news of his divorce broke is not a news publisher and so cannot recover additional liabilities following the settlement of an action brought by the entertainer, the Senior Costs Judge has ruled.’

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Litigation Futures, 3rd February 2017

Source: www.litigationfutures.com

Reasonable costs of Improvements – Nearly Legal

‘We saw the Upper Tribunal take a new approach to determining whether the costs of improvement works, passed on through the service charge, were reasonably incurred. The UT held that particular consideration should have been given to the views of the leaseholders, whether they could be done more cheaply and the financial circumstances of the leaseholders.’

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Nearly Legal, 5th February 2017

Source: www.nearlylegal.co.uk

Fixed Costs Apply in PAD Applications for Claims Which Leave The EL/PL Portal: Sharp v Leeds City Council [2017] EWCA Civ 33 – Zenith PI Blog

‘The Court of Appeal considered a “short but important point of interpretation of the Civil Procedure Rules” concerning the costs of pre-action disclosure (“PAD”) applications in cases which started, but no longer continue, under the EL/PL Protocol.’

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Zenith PI Blog, 2nd February 2017

Source: www.zenithpi.wordpress.com

‘Neknominate’ goldfish swallow pair avoid prison – BBC News

‘A man who swallowed a live goldfish in a drinking dare has been given a suspended prison sentence.’

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BBC News, 3rd February 2017

Source: www.bbc.co.uk

Supreme Court adds to Bar regulator’s legal costs and training headaches – Legal Futures

‘The Bar Standards Board (BSB) has found itself under attack from multiple directions this week, including the Supreme Court announcing yesterday that it would hear an appeal about a case involving claims of race discrimination in its disciplinary processes.’

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Legal Futures, 2nd February 2017

Source: www.legalfutures.co.uk

Costs: Reassessing the Starting Point – Family Law Week

Posted February 1st, 2017 in costs, divorce, financial provision, news by sally

‘Mark Ablett, pupil barrister, 1 Garden Court Family Law Chambers considers the perennial problem of high levels of costs in financial remedies cases and proposes a new approach to help mitigate the problem.’

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Family Law Week, 27th January 2017

Source: www.familylawweek.co.uk

Clin neg fixed costs plans unveiled as Hunt targets ‘unscrupulous’ firms – Law Society’s Gazette

‘Health secretary Jeremy Hunt today finally announced the details of the fixed costs regime for clinical negligence cases.’

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Law Society’s Gazette, 30th January 2017

Source: www.lawgazette.co.uk

Fixed costs would “encourage overseas competitors”, City lawyers warn Jackson – Litigation Futures

Posted January 27th, 2017 in costs, fees, news, proportionality by sally

‘City lawyers have warned Lord Justice Jackson that imposing fixed costs on commercial litigation would encourage “England’s competitors” at a time of uncertainty caused by Brexit.’

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Litigation Futures, 25th January 2017

Source: www.litigationfutures.com

Aarhus Convention update: Government still ignoring private nuisance claims – UK Human Rights Blog

Posted January 27th, 2017 in civil procedure rules, costs, judicial review, news, nuisance, planning by sally

‘In November 2016, the Government responded in rather disappointing terms (here) to a consultation about amending its costs rules in civil cases to reflect the requirements of the Aarhus Convention.’

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UK Human Rights Blog, 26th January 2017

Source: www.ukhumanrightsblog.com

Costs and inquiries – homelessness appeals – Nearly Legal

Posted January 26th, 2017 in costs, homelessness, housing, inquiries, local government, news by sally

‘The London Borough of Croydon v Lopes [2017] EWHC 33 (QB). Costs on settled s.204 Housing Act 1996 appeals – the issue that never goes away. The latest instalment also brings with it some rather sharp findings by the Court of Appeal on the extent of inquiries the council should have made.’

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Nearly Legal, 25th January 2017

Source: www.nearlylegal.co.uk

Taxi driver who refused to take guide dog is fined – BBC News

Posted January 26th, 2017 in costs, disabled persons, equality, fines, news, taxis by sally

‘A taxi driver who refused to carry a guide dog because he claimed it was against his religion has been fined for breaching equality laws.’

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BBC News, 25th January 2017

Source: www.bbc.co.uk

Students took equivalent of 300 cups of coffee in botched experiment – The Independent

Posted January 26th, 2017 in costs, fines, health & safety, medical treatment, news, universities by sally

‘A British university has been fined £400,000 after two of its students were left fighting for their lives following a botched science experiment.’

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The Independent, 25th January 2017

Source: www.independent.co.uk

Costs information provided for mediation is “pure fact” and can be used on assessment – Litigation Futures

Posted January 24th, 2017 in arbitration, costs, insurance, news by sally

‘Costs information that was provided for the purposes of a confidential mediation could later be used in the assessment of costs, Master Haworth in the Senior Courts Costs Office has decided.’

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Litigation Futures, 23rd January 2017

Source: www.litigationfutures.com

KFC fined £1m over Teesside workers’ gravy burns – BBC News

Posted January 23rd, 2017 in costs, fines, health & safety, news, personal injuries by sally

‘Fast food chain KFC has been fined almost £1m after two employees suffered burns while handling hot gravy without gloves.’

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BBC News, 20th January 2017

Source: www.bbc.co.uk

High Court compensates winning party for impact of falling exchange rate on costs – Litigation Futures

Posted January 23rd, 2017 in compensation, costs, economic loss, news by sally

‘The High Court has awarded a successful German claimant an extra £20,000 in costs to compensate for the impact of the falling value of sterling against the euro – especially since the EU referendum vote – as it had to convert euros into pounds during the case to pay its solicitors.’

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Litigation Futures, 19th January 2017

Source: www.litigationfutures.com

Judges “should be slow” to consider reasonableness of settlement stance – Litigation Futures

Posted January 20th, 2017 in costs, indemnities, news, part 36 offers by sally

‘Judges should be “very slow to entertain a discussion as to whether parties to litigation have negotiated in a reasonable manner”, the Court of Appeal has cautioned.’

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Litigation Futures, 19th January 2017

Source: www.litigationfutures.co.uk`

Property developer ordered to pay £55k over listed building offences – Local Government Lawyer

Posted January 19th, 2017 in construction industry, costs, fines, historic buildings, local government, news by sally

‘A property development business, a director and a site manager have been ordered to pay more than £55,000 between them after removing historic fixtures in every room of a grade-II listed house in Lincoln without consent.’

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Local Government Lawyer, 17th January 2017

Source: www.localgovernmentlawyer.co.uk

SDT throws out surveillance allegations against News of the World solicitor – Legal Futures

Posted January 19th, 2017 in costs, disciplinary procedures, media, news, solicitors by sally

‘The Solicitors Disciplinary Tribunal has thrown out charges against a solicitor for Rupert Murdoch’s News International accused of unreasonably advising and commissioning surveillance of two high-profile lawyers bringing phone hacking cases.’

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Legal Futures, 19th January 2017

Source: www.legalfutures.co.uk

Proportionality – opening a can of worms – Litigation Futures

Posted January 18th, 2017 in civil procedure rules, costs, news, proportionality by sally

‘In his final report, Lord Justice Jackson said: “Disproportionate costs do not become proportionate because they were necessary. In my view, that disproportionate element of the costs cannot be saved, even if the individual items within it were both reasonable and necessary”.’

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Litigation Futures, 17th January 2017

Source: www.litigationfutures.com

Disciplinary round-up: fine for firm which failed to make client’s visa application and then lost his passport – Legal Futures

‘A north London law firm has been rebuked for misleading its client into thinking that it had made a visa application on his behalf.’

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Legal Futures, 13th January 2017

Source: www.legalfutures.co.uk