No Nisi, No Dice – Tanfield Chambers

Posted July 12th, 2016 in appeals, costs, divorce, litigants in person, news by sally

‘In K v K (Financial Remedy Final Order prior to Decree Nisi) 2016 EWFC 23, Cobb J remitted a case for rehearing on the basis that the trial judge had made an order prior to the grant of decree nisi of divorce. The case provides a salutary warning for lawyers about the limits of the Family Court’s powers to correct what was an innocent and – at first glance – merely procedural mistake.’

Full story

Tanfield Chambers, 22nd June 2016

Source: www.tanfieldchambers.co.uk

Daniel Tatton-Brown QC on Misuse of Confidential Information and Interim Remedies -Littleton Chambers

‘A rogue employee leaving their employer and taking with him confidential information such as a customer or pricing list can potentially cause significant damage to the ex-employer’s business.’

Full story

Littleton Chambers, 12th July 2016

Source: www.littletonchambers.com

Tribunal rejects costs application delayed by solicitors with “inexplicable” ignorance of rules – Litigation Futures

Posted July 12th, 2016 in costs, law firms, news, solicitors, time limits, tribunals by sally

‘A costs application, delayed by over five months as a result of “elementary errors” by solicitors, has been rejected as out of time by the First Tier Tax Tribunal (FTT).’

Full story

Litigation Futures, 12th July 2016

Source: www.litigationfutures.com

High Court: cost savings of predictive coding “extremely significant” – Litigation Futures

Posted July 12th, 2016 in computer programs, costs, disclosure, news by sally

‘The High Court has described the cost savings that can be achieved by using predictive coding for disclosure rather than a standard keyword search as “extremely significant”.’

Full story

Litigation Futures, 12th July 2016

Source: www.litigationfutures.com

Ministry of Justice doubles financial threshold for identifying judicial review backers – Litigation Futures

Posted July 12th, 2016 in consultations, costs, judicial review, legal aid, news, third parties by sally

‘The government has doubled the threshold above which third-party contributors to judicial reviews (JRs) will have to be identified.’

Full story

Litigation Futures, 11th July 2016

Source: www.litigationfutures.com

Reform of Judicial Review – official-documents.gov.uk

Posted July 8th, 2016 in consultations, costs, judicial review, press releases, third parties by sally

‘Following the consultation, the government has set out how it intends for the reforms to be implemented, and is seeking views on one further aspect.’

Full press release

official-documents.gov.uk, 7th July 2016

Source: www.official-documents.gov.uk

Court overturns Senior Cost Judge’s decision to slash ATE premium by 60% – Litigation Futures

Posted July 7th, 2016 in appeals, costs, insurance, local government, news, personal injuries by sally

‘The Senior Costs Judge fell into the trap of considering an individual after-the-event (ATE) insurance premium rather than the basket of risk when he slashed a premium by 60% because he considered it unreasonably high, a senior circuit judge has ruled.’

Full story

Litigation Futures, 6th July 2016

Source: www.litigationfutures.com

Fletchers claims “major victory” on interim payments of costs – Litigation Futures

‘Southport injury firm Fletchers claims to have secured the first judgment ordering defendants to make an interim costs payment based on the new version of the rules which came into force in April 2013.’

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Litigation Futures, 5th July 2016

Source: www.litigationfutures.com

High Court imposes restraint order on “obsessional” litigant who targeted lawyers – Legal Futures

Posted July 6th, 2016 in barristers, complaints, costs, harassment, news, restraining orders by Mark L

‘The High Court has imposed an extended civil restraint order (ECRO) on an “obsessional” libel litigant who sent over 100 text messages to the mobile phone of a partner at Pinsent Masons acting for Google.’

Full story

Legal Futures, 6th July 2016

Source: www.legalfutures.co.uk

High Court overturns trio of cost judge rulings over “failing to advise properly” on CFA switches – Litigation Futures

Posted July 5th, 2016 in appeals, costs, fees, law firms, legal aid, news by sally

‘The High Court has overturned three high-profile costs rulings in which Irwin Mitchell lost the right to recover success fees and insurance premiums from defendants after failing to advise on the 10% uplift in general damages before switching clients from legal aid.’

Full story

Litigation Futures, 4th July 2016

Source: www.litigationfutures.com

Claimant who only beat part 36 offer because of interest “not entitled to enhanced costs” – Litigation Futures

Posted July 5th, 2016 in civil procedure rules, costs, damages, interest, news, part 36 offers by sally

‘A claimant who only beat his part 36 offer at trial because of the interest on the damages awarded through to judgment is not entitled to enhanced costs, the High Court has ruled.’

Full story

Litigation Futures, 4th July 2016

Source: www.litigationfutures.com

Costs lawyers highlight “arbitrary” nature of budgeting – Litigation Futures

Posted June 30th, 2016 in budgets, costs, judges, legal profession, news by sally

‘The extent to which the costs management regime is working very much depends on which judge you are before, according to a survey of members of the Association of Costs Lawyers (ACL).’

Full story

Litigation Futures, 28th June 2016

Source: www.litigationfutures.com

Legal aid contributions decision to face judicial review – Law Society’s Gazette

Posted June 30th, 2016 in appeals, costs, legal aid, news by sally

‘The Court of Appeal has granted permission for a judicial review of a Legal Aid Agency decision on capital contributions, urging “meaningful negotiations” between the parties to prevent further costs being incurred for the relatively small sums at stake.’

Full story

Law Society’s Gazette, 28th June 2016

Source: www.lawgazette.co.uk

Now proportionality test bites in the Competition Appeal Tribunal – Litigation Futures

‘Proportionality has hit the Competition Appeal Tribunal as it capped a defendant’s recoverable costs at £350,000, compared to its budgeted costs of £637,000.’

Full story

Litigation Futures, 24th June 2016

Source: www.litigationfutures.com

Party penalised in case ‘crying out’ for sensible negotiation – Law Society’s Gazette

Posted June 27th, 2016 in costs, disclosure, dispute resolution, documents, evidence, news by sally

‘The High Court has sent a strong message about non-disclosure and failing to negotiate by penalising a party over costs.’

Full story

Law Society’s Gazette, 25th June 2016

Source: www.lawgazette.co.uk

Case Update: Judge expressing opinion on proportionality of incurred costs – Zenith PI Blog

‘In the recent case of Eil v Knowsley Metropolitan Borough Council (15/06/16) the court was considering the costs position on a claim arising out of a sexual assault. Due to the medical evidence the Claimant limited the claim to £50,000. A budget was submitted by the Defendant for £26,000. The Claimant’s budget was £104,373, of which half had already been incurred.’

Full story

Zenith PI Blog, 27th June 2016

Source: www.zenithpi.wordpress.com

Retired company director fined and reprimanded for destroying his own mother’s grave – Daily Telegraph

‘A retired company director has paid £4,500 in costs after being reprimanded by a judge for vandalising his own mother’s gravestone with a hammer.’

Full story

Daily Telegraph, 26th June 2016

Source: www.telegraph.co.uk

Judge caps Law Society’s “disproportionate” £640k costs in defending competition claim – Legal Futures

‘The Law Society’s budgeted costs of £637,000 to defend the competition law action brought over its Conveyancing Quality Scheme (CQS) are disproportionate and should be capped at nearly half of that, the president of the Competition Appeal Tribunal has ruled.’

Full story

Legal Futures, 24th June 2016

source: www.legalfutures.co.uk

Successful part 36 offer removes cap on provisional assessment costs, High Court rules – Litigation Futures

Posted June 23rd, 2016 in appeals, civil procedure rules, costs, news, part 36 offers by sally

‘A successful part 36 offer in a provisional assessment removes the £1,500 costs cap, the High Court has ruled.’

Full story

Litigation Futures, 23rd June 2016

Source: www.litigationfutures.co.uk

Court penalises party that failed to entertain settlement attempts – Litigation Futures

Posted June 22nd, 2016 in airlines, compensation, costs, news by sally

‘A defendant that “resisted all early attempts at discussion or negotiation” has become the latest to have its conduct penalised in costs.’

Full story

Litigation Futures, 22nd June 2016

Source: www.litigationfutures.co.uk