‘The High Court has rejected jailed publicist Max Clifford’s attempt to limit his costs to only £5,000 in a privacy claim by making an “inadequate” Calderbank offer.’
Litigation Futures, 21st March 2016
Source: www.litigationfutures.com
‘Recoverable after-the-event insurance (ATE) premiums are not incompatible with a publisher’s right to freedom of expression, the High Court has ruled – but it is asking the Supreme Court to resolve the case law tension over recoverable success fees in publications proceedings.’
Litigation Futures, 15th March 2016
Source: www.litigationfutures.com
‘Defendants have failed in two separate recent attempts to persuade courts to interpret the part 36 costs rules in a way that suited them.’
Litigation Futures, 16th March 2016
Source: www.litigationfutures.com
Littlestone and others v Macleish [2016] EWCA Civ 127
‘An admitted payment on account of a claim following a Part 36 offer to settle a claim of a higher amount was, in the absence of contrary agreement, made as much on account of the Part 36 offer as on account of the full sum claimed. It would be an absurdity for a defendant to be bound to pay an aggregated total of a Part 36 offer and an admissions payment that was larger than the total sum claimed (paras 23–24).’
WLR Daily, 10th March 2016
Source: www.iclr.co.uk
‘Europe’s new unitary patent is still on track, with a start date in spring 2017 now viewed as likely. Among the ongoing business of the Unified Patent Court’s Preparatory Committee a final publication on court fees and recoverable costs has recently been issued.’
Technology Law Update, 11th March 2016
Source: www.technology-law-blog.co.uk
‘A circuit judge was wrong to believe he had discretion not to apply the post-LASPO 10% uplift in damages, the Court of Appeal has ruled.’
Litigation Futures, 3rd March 2016
Source: www.litigationfutures.com
‘A High Court ruling denying an order for security for costs even though the party involved refused to show that it could pay costs was “illogical and unacceptable”, the Court of Appeal has decided.’
Litigation Futures, 4rh March 2016
Source: www.litigationfutures.com
‘A three-year multimillion-pound legal battle ended in victory for a London-based businessman, after a High Court judge dismissed the charges against him and launched a scathing attack on the President of Djibouti, Ismail Omar Guelleh.’
The Independent, 3rd March 2016
Source: www.independent.co.uk
‘The killers of Bristol teenager Becky Watts were granted more than £400,000 in legal aid, a Freedom of Information request has revealed.’
BBC News, 3rd March 2016
Source: www.bbc.co.uk
‘In a claim which starts under the Pre-Action Protocol for Low Value Personal Injury Claims (in this case the RTA Protocol), what happens when a Claimant obtains a judgment against a defendant which is at least as advantageous to them as the proposals contained in a Part 36 offer – does the Claimant recover fixed costs only, as per the regime, or does the Claimant recover costs on an indemnity basis?’
Zenith PI Blog, 1st March 2015
Source: www.zenithpi.wordpress.com
‘Measures to curb legal claims against members of the armed forces are likely to be introduced this month.’
Law Society’s Gazette, 2nd March 2016
Source: www.lawgazette.co.uk
‘A sole practitioner who overcharged by 500% for private client work has been struck off by the Solicitors Disciplinary Tribunal (SDT).’
Legal Futures, 2nd March 2016
Source: www.legalfutures.co.uk
‘The CPR includes surprisingly demanding requirements, and draconian sanctions, in relation to Statements of Truth from witnesses whose English is so poor that they cannot read documents in English.
Here is a helpful summary of the rules, and what, in practice, you need to do to comply with them.’
Zenith PI Blog, 1st March 2016
Source: www.zenithpi.wordpress.com
‘A circuit judge has rejected a challenge by the NHS Litigation Authority (NHSLA) to a medical negligence ATE insurance premium described by the claimant as a “perfectly normal block policy”.’
Ligitation Futures, 29th February 2016
Source: www.litigationfutures.com
‘The Legal Aid Agency (LAA) has spent more than £93m funding defence counsel in cases that did not go to trial, the National Audit Office has found.’
Law Society’s Gazette, 1st March 2016
Source: www.lawgazette.co.uk
‘National Audit Office warns criminal justice system ‘not delivering value for money’, with victims facing delays, collapsed cases and postcode lottery.’
Daily Telegraph, 1st March 2016
Source: www.telegraph.co.uk
‘Paul Worthington awarded £87,318 for counsel payments and £29,450 for solicitors’ fees to fight against the proceedings.’
Daily Telegraph, 28th February 2016
Source: www.telegraph.co.uk
‘The Lord Chief Justice has predicted that the use of fixed costs will be extended gradually and not in “one big bang”, which people would find “uncomfortable”.’
Legal Futures, 23rd February 2016
Source: www.legalfutures.co.uk
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