Supreme Court to hear trio of cases on continuing success fee and ATE recoverability – Litigation Futures

Posted October 28th, 2016 in costs, fees, insurance, news, precedent, Supreme Court by sally

‘The Supreme Court has consolidated three cases on whether the continuing recoverability of additional liabilities in publication and privacy cases are incompatible with publishers’ rights to freedom of expression.’

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Litigation Futures, 27th October 2016

Source: www.litigationfutures.com

Offensive weapons, sentencing and costs – Law Society’s Gazette

Posted October 26th, 2016 in costs, news, offensive weapons, sentencing by sally

‘While an offence of possessing an offensive weapon does not occur if a person is lawfully in possession of an article when it is suddenly used in the heat of an altercation, R v Tucker [2016] EWCA Crim 13 confirms that it is otherwise if a person leaves the scene to collect a weapon.’

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Law Society’s Gazette, 10th October 2016

Source: www.lawgazette.co.uk

High Court rejects security for costs application in face of £5m ATE policy – Litigation Futures

Posted October 25th, 2016 in civil procedure rules, costs, insurance, news by michael

‘The High Court has accepted after-the-event (ATE) insurance cover of £5m as sufficient to dismiss an application for security for costs.’

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Litigation Futures, 24th October 2016

Source: www. litigationfutures.com

Defendant penalised after “unreasonably” refusing to mediate costs dispute – Litigation Fures

Posted October 25th, 2016 in arbitration, costs, dispute resolution, news by michael

‘Newspaper group Mirror Group Newspapers has been hit with indemnity costs after the Senior Costs Judge ruled that it had unreasonably failed to engage in efforts to use alternative dispute resolution instead of going to detailed assessment.’

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Litigation Futures, 20th October 2016

Source: www.litigationfutures.com

High Court bids to minimise delay in bitter costs dispute between solicitors – Litigation Futures

Posted October 25th, 2016 in civil procedure rules, costs, delay, law firms, news, solicitors by michael

‘A High Court master has rejected an application from a Leicestershire solicitor for trial of a preliminary issue in a costs claim involving another law firm, citing the “high degree of personal animosity between the parties”.’

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Litigation Futures, 18th October 2016

Source: www.litigationfutures.com

City council ordered to pay £115k over failure to manage roadworks properly – Local Government Lawyer

Posted October 25th, 2016 in complaints, costs, fines, health & safety, local government, news, roads by michael

‘Liverpool City Council has been ordered to pay £115,000 in fines and costs after a Health and Safety Executive (HSE) investigation found that the authority had failed to ensure that the arrangements for managing roadworks were suitable.’

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Local Government Lawyer, 24th October 2016

Source: www.localgovernmentlawyer.co.uk

 

Farm owners fined over ‘Stoulton Stink’ after council wins High Court appeal – Local Government Lawyer

Posted October 25th, 2016 in appeals, costs, fines, local government, news, pollution by michael

‘The owners of a farm responsible for a smell known as the “Stoulton Stink” have been sentenced this month, after a district council successfully appealed in the summer to the High Court.’

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Local Government Lawyer, 24th October 2016

Source: www.localgovernmentlawyer.co.uk

Solicitor accepts rebuke for involvement in £2m SDLT schemes – Legal Futures

‘A solicitor involved in conveyancing transactions that resulted in the non-payment of £2m in stamp duty land tax (SDLT) has accepted a rebuke from the Solicitors Regulation Authority (SRA).’

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Legal Futures, 24th October 2016

Source: www.legalfutures.co.uk

Jail again for fraudulent ex-solicitor who hijacked law firm’s identity – Legal Futures

Posted October 25th, 2016 in costs, fraud, identity fraud, law firms, news, recidivists, sentencing, solicitors by michael

‘An ex-solicitor has been found guilty and jailed for five years for five counts of fraud by false representation – his second spell in jail for fraud after he previously stole from his firm’s client account’

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Legal Future, 21st October 2016

Source: www.legalfutures.co.uk

Cost benefit analysis – New Law Journal

Posted October 24th, 2016 in costs, news, privilege, solicitors, wasted costs orders by michael

‘Wasted costs orders can only be made against a representative, whereas non-party costs orders can be made against anyone, including a representative.’

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New Law Journal, 20th October 2016

Source: www.newlawjournal.co.uk

Finance and Divorce Update October 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during September 2016.’

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Family Law Week, 23rd October 2016

Source: www.familylawweek.co.uk

Budgeting v Assessment– Merrix v Heart of England NHS Foundation Trust – Zenith PI Blog

Posted October 21st, 2016 in budgets, civil procedure rules, costs, news by sally

‘The court, with District Judge Lumb sitting as Regional Costs Judge, was asked to decide as a preliminary issue, “to what extent, if at all, does the costs budgeting regime under CPR Part 3 fetter the powers and discretion of the costs judge at a detailed assessment of costs under CPR part 47.”’

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Zenith PI Blog, 19th October 2016

Source: www.zenithpi.wordpress.com

The subtle hand of human rights – and more Aarhus – UK Human Rights Blog

Posted October 21st, 2016 in compensation, costs, human rights, news, nuclear power, planning by sally

‘This challenge was about a landowner not wishing to let those wishing to develop Sizewell C nuclear power station onto her land to carry out surveys and investigations. But it came down to a disagreement about the terms which such entry might occur. For s.53 Planning Act 2008 enables the Secretary of State to allow such entry, subject to conditions, and with the proviso that the landowner may claim compensation for “damage caused to lands or chattels” (s.53(7)) via a claim to the Upper Tribunal.’

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UK Human Rights Blog, 20th October 2016

Source: www.ukhumanrightsblog.com

Philip Turvey wins defamation settlement against Daniel Curran of Heir Hunters – The Guardian

Posted October 20th, 2016 in costs, damages, defamation, media, news by sally

‘TV genealogist to pay damages after conceding that rival was maligned by campaign to circulate false information.’

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The Guardian, 19th October 2016

Source: www.guardian.co.uk

Budgeting “does not fetter” costs judge on detailed assessment – Litigation Futures

Posted October 18th, 2016 in budgets, civil procedure rules, costs, judges, news by sally

‘The budgeting regime does not fetter the powers and discretion of the judge at detailed assessment even if the receiving party comes in within the budgeted figures, a regional costs judge has ruled.’

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Litigation Futures, 14th October 2016

Source: www.litigationfutures.com

Jackson: call for multi-track fixed costs is not an admission of costs management’s failure – Litigation Futures

Posted October 14th, 2016 in case management, civil procedure rules, costs, news by sally

‘Lord Justice Jackson said today that his call to extend fixed recoverable costs to the lower reaches of the multi-track is not an admission that costs management has not worked.’

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Litigation Futures, 13th October 2016

Source: www.litigationfutures.com

Pensioner ‘cannot pay’ Lewes hospital eviction bill – BBC News

Posted October 12th, 2016 in costs, elderly, hospitals, news, repossession by sally

‘A pensioner evicted from the hospital bed she occupied for 14 months has said she cannot pay the £8,000 legal bill she faces. Diane Price, 79, was transferred to a rehabilitation unit at Lewes Victoria Hospital in East Sussex after breaking her leg in a car crash last May. She refused to leave despite doctors telling her she should return home. Sussex Community NHS Foundation Trust won a possession order in the High Court to free up her bed.’

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BBC News, 11th October 2016

Source: www.bbc.co.uk

In the Tribunals… – Nearly Legal

Posted October 10th, 2016 in costs, landlord & tenant, news, rent, service charges by sally

‘Ms K had a weekly tenancy of a flat (initially her daughter’s flat but assigned to her in 2014 by mutual exchange). The tenancy agreement provided for the payment of rent and also a weekly payment for service charge, originally £14.60. In 2015 the service charge was raised to £16.22. The tenancy agreement specified payment of the service charge but the space for the services to be provided was left blank.’

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Nearly Legal, 10th October 2016

Source: www.nearlylegal.co.uk

New bill of costs set to become compulsory from October 2017 – Litigation Futures

Posted October 10th, 2016 in civil procedure rules, costs, news by sally

‘The new format bill of costs is set to become compulsory in a year’s time after the rule committee decoupled it from mandatory use of the J-Codes, it has emerged.’

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Litigation Futures, 6th October 2016

Source: www.litigationfutures.com

Landlord ordered to pay £700,000+ for planning enforcement notice breach – Local Government Lawyer

Posted October 6th, 2016 in costs, enforcement, fines, landlord & tenant, local government, news, planning by sally

‘A landlord guilty of breaching a planning enforcement notice has been ordered to pay a record fine and costs to the London Borough of Barnet, after the largest planning enforcement and confiscation investigation the borough has seen.’

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Local Government Lawyer, 6th October 2016

Source: www.localgovernmentlawyer.co.uk