Part 36 trumps fixed costs, Court of Appeal rules – Litigation Futures

Posted February 24th, 2016 in costs, fees, indemnities, news, part 36 offers by sally

‘A party who beats a part 36 offer in a case where fixed fees apply is eligible for indemnity costs, the Court of Appeal ruled today in the wake of conflicting decisions at circuit judge level.’

Full story

Litigation Futures, 23rd February 2016

Source: www.litigationfutures.co.uk

High Court approves first application to transfer case to shorter trials scheme – Litigation Futures

Posted February 23rd, 2016 in civil procedure rules, costs, news, trials by sally

‘The High Court has approved the first application to transfer a case started in the normal way into the shorter trials scheme (STS).’

Full story

Litigation Futures, 23rd February 2016

Source: www.litigationfutures.com

Warning that courts can still cut “reasonable” budgets – Litigation Futures

Posted February 19th, 2016 in budgets, civil procedure rules, costs, news by sally

‘It is a mistake to think that putting forward a budget that looks acceptable overall means the court will not look at the individual phases and costs within them, litigators have been warned.’

Full story

Litigation Futures, 18th February 2016

Source: www.litigationfutures.com

UK court approves use of predictive coding as basis for e-disclosure for the first time – OUT-LAW.com

Posted February 19th, 2016 in computer programs, costs, courts, disclosure, documents, news by sally

‘A UK court has approved for the first time the use of predictive coding as a basis for determining which electronic documents are relevant to a dispute.’

Full story

OUT-LAW.com, 18th February 2016

Source: www.out-law.com

Fixed costs: The time is now? – Litigation Futures

Posted February 18th, 2016 in costs, fees, health, negligence, news, speeches by sally

‘It has appeared inevitable in recent months that some form of fixed costs scheme will be introduced if the powers that be have their way although it was anticipated smaller claims would be targeted. However, Jackson LJ dropped the hand grenade that all costs involving claims up to £250,000 should be fixed.’

Full story

Litigation Futures, 17th February 2016

Source: www.litigationfutures.com

Partner wins battle with estranged wife over share of house – BBC News

Posted February 18th, 2016 in appeals, cohabitation, costs, families, housing, news, probate by sally

‘A woman who lived with her partner for 18 years has won a legal battle with his estranged wife for his share of their home.’

Full story

BBC News, 16th February 2016

Source: www.bbc.co.uk

High Court approves use of predictive coding – Litigation Futures

Posted February 17th, 2016 in computer programs, costs, courts, disclosure, documents, news by michael

‘The High Court has approved the use of predictive coding in e-disclosure, for what is believed to be the first time in this jurisdiction.’

Full story

Litigation Futures, 17 February 2016

Source: www.litigationfutures.com

Finance and Divorce Update, February 2016 – Family Law Week

‘According to the Law Society Gazette, the outcome of more than 2,000 may have been voided by the Form E software fault.  Justice Minister Shailesh Vara MP has indicated, in a statement to Parliament, that the assets of more than 3,600 couples were miscalculated.’

Full story

Family Law Week, 15 February 2016

Source: www.familylawweek.co.uk

Couple lose £4,000 legal battle with neighbour over ‘noisy’ pond – Daily Telegraph

Posted February 17th, 2016 in complaints, costs, news, noise, nuisance by michael

‘A couple have lost a costly legal battle with their neighbour over claims his garden pond is too noisy. ‘

Full story

Daily Telegraph, 17 February 2016

Source: www.telegraph.co.uk

Grandmother who lived with partner until his death wins High Court battle after his estranged wife inherited half their home – Independent

‘A grandmother who lived with her partner for almost two decades until his death has won a High Court battle after his estranged wife inherited half their home.’

Full story

Independent, 16 February 2016

Source: www.independent.co.uk

High Court upholds CFA despite legal aid certificate remaining in place – Litigation Futures

Posted February 16th, 2016 in costs, fees, legal aid, news by sally

‘The High Court has ruled that a conditional fee agreement (CFA) was valid even though the claimant’s legal aid certificate remained in place.’

Full story

Litigation Futures, 16th February 2016

Source: www.litigationfutures.com

A 95% Liability Offer Can be a Valid Part 36 – Zenith PI Blog

Posted February 16th, 2016 in costs, news, part 36 offers, personal injuries by sally

‘C made an application for indemnity costs following D’s failure to accept C’s Part 36 offer to settle liability at 95%. The offer had been made in a letter dated 30/1/15. D conceded liability some time prior to 17/12/15.’

Full story

Zenith PI Blog, 15th February 2016

Source: www.zenithpi.wordpress.com

Why is the UK still printing its laws on vellum? – BBC News

Posted February 16th, 2016 in costs, legislation, news, parliament by sally

‘After a reprieve, the UK is to continue printing and storing its laws on vellum, a paper made from calf or goat-skin. But shouldn’t these traditions give way to digital storage, asks Chris Stokel-Walker.’

Full story

BBC News, 15th February 2016

Source: www.bbc.co.uk

Early guilty pleas: Justice for whom? – UK Human Rights Blog

‘New guidelines incentivising people accused of criminal offences in England and Wales to plead guilty as early as possible were proposed last week. While existing rules allow for a maximum one-third reduction in the sentence to those who plead guilty at the ‘first reasonable opportunity’, this benefit is now only available to those who plead guilty at their very first court hearing, with the available reduction falling on a steeper sliding scale thereafter.’

Full story

UK Human Rights Blog, 15th February 2016

Source: www.ukhumanrightsblog.com

Court of Appeal reaffirms death of “near miss” rule for part 36 offers – Litigation Futures

Posted February 15th, 2016 in appeals, costs, damages, news, part 36 offers, professional conduct by sally

‘There is no longer a “near miss” rule for part 36 offers, appeal judges have made clear as they overturned a High Court decision which seemed to suggest that there was one.’

Full story

Litigation Futures, 15th February 2016

Source: www.litigationfutures.com

Part 36 offer which did not reflect “available outcome” was valid – Litigation Futures

Posted February 11th, 2016 in costs, damages, news, part 36 offers by sally

‘A part 36 offer which did not reflect an “available outcome of the litigation” was nonetheless valid, the High Court has ruled.’

Full story

Litigation Futures, 10th February 2016

Source: www.litigationfutures.com

Profession gets to work on Jackson’s vision of a contingent legal aid fund – Litigation Futures

‘The Bar Council, Law Society and Chartered Institute of Legal Executives (CILEx) have already begun talks on forming a working party that will take forward Lord Justice Jackson’s call for a contingent legal aid fund (CLAF), it has emerged.’

Full story

Litigation Futures, 5th February 2016

Source: www.litigationfutures.com

Speech by Lord Justice Jackson – The Case for a CLAF – Courts and Tribunals Judiciary

‘Lord Justice Jackson gave the keynote speech at the Solicitors’ Costs Conference on 2 February 2016.’

Full speech

Courts and Tribunals Judiciary, 4th February 2016

Source: www.judiciary.gov.uk

City law firms charging up to £1,100 an hour – The Guardian

Posted February 5th, 2016 in competition, costs, fees, law firms, news by sally

‘Partners at top City law firms are charging clients more than £1,000 an hour, according to a Conservative thinktank which condemns fee rises for restricting access to justice.’

Full story

The Guardian, 5th February 2016

Source: www.guardian.co.uk

Fixed Costs Proposal Raises Questions on Access to Justice – The Bar Council

Posted February 4th, 2016 in barristers, costs, indexation, press releases by sally

‘Bar Council Chair Chantal-Aimée Doerries QChas responded to Lord Justice Jackson’s speech on 28 January 2016 to the Insolvency Practitioners’ Association, “Fixed Costs – The Time has come”, calling for recoverable costs to be fixed in all claims valued at up to £250,000.’

Full press release

The Bar Council, 1st February 2016

Source: www.barcouncil.org.uk