‘Dispute Resolution analysis: An appeal court has confirmed that a ‘person unknown’ who refused to identify himself during proceedings for breach of copyright was debarred from challenging a bill of costs in detailed assessment proceedings unless he identified himself.’
Gatehouse Chambers, 4th October 2023
Source: gatehouselaw.co.uk
‘The lack of detail in the government plans for fixed recoverable costs (FRCs) for lower-value clinical negligence cases is “extremely worrying”, with only six months to go before implementation, the Association of Personal Injury Lawyers (APIL) has said.’
Legal Futures, 14th November 2023
Source: www.legalfutures.co.uk
‘A Solicitors Disciplinary Tribunal costs order of £5,000 was appealed today in the first such challenge by the Solicitors Regulation Authority. Describing the order as ‘astonishing’, the SRA said the correct figure should have been £18,500.’
Law Society's Gazette, 9th November 2023
Source: www.lawgazette.co.uk
‘A frequent refrain of solicitors who represent respondents in Employment Tribunal proceedings is that it is virtually impossible to obtain a costs order against a claimant who has brought an unmeritorious claim, or that there are no consequences when outlandish allegations are made in pursuit of a claim. The case of Cairns v The Wellness Zone Case No: 2414495/2021 provides a salutary reminder to parties engaged in Employment Tribunal proceedings that, in an appropriate case, the Tribunal will exercise its costs jurisdiction, and not merely in a token way. The case also serves as a cautionary tale for claimants making serious allegations in pursuit of their claims.’
Littleton Chambers, 24th October 2023
Source: littletonchambers.com
‘There are very few people in this world who get excited when they hear the phrase ‘legal costs’. There are even fewer people who might be prepared to wade through an article on the same subject. However, something very significant is happening which will have a huge bearing on anyone who is involved, or might be involved, in any kind of civil litigation. The article below discusses the changes which are being made to fixed costs in civil litigation and I promise it is worth a read.’
Exchange Chambers, 13th October 2023
Source: www.exchangechambers.co.uk
‘The Civil Procedure (Amendment No. 2) Rules 2023 were enacted on 1st October 2023, together with the 156th Update Practice Direction Amendments and Explanatory Note. This article provides an overview of the new Civil Procedure Rules (CPR) that apply to noise induced hearing loss (NIHL) claims.’
Farrar's Building, 20th October 2023
Source: www.farrarsbuilding.co.uk
‘Lumb v Lumb [2023] EWHC 2052 (Ch) was an appeal on costs which sheds interesting light on how general rules of the CPR fit together with special provisions governing probate disputes. On a related note, it offers a case study of how the modern ethos of deterring dubious litigation can interact with legal principles of an earlier vintage. There were various other points of interest in the case, but I focus here on this theme.’
Wilberforce Chambers, 30th October 2023
Source: www.wilberforce.co.uk
‘A costs judge has refused a former client’s plea for a recording of the call where they signed up to instruct a law firm. In Turner v Coupland Cavendish, Costs Judge Rowley said the call recording remained the solicitors’ property rather than the client’s and did not need to be disclosed.’
Law Society's Gazette, 6th November 2023
Source: www.lawgazette.co.uk
‘Artificial intelligence (AI) will have multiple uses for litigators, including helping with costs budgeting and validating advice to clients, a leading partner at Eversheds Sutherland has predicted.’
Legal Futures, 3rd November 2023
Source: www.legalfutures.co.uk
‘The deputy head of civil justice has issued a robust defence of the new regime of fixed recoverable costs (FRCs) for cases worth up to £100,000 – while acknowledging it is not as simple as he would like.’
Legal Futures, 30th October 2023
Source: www.legalfutures.co.uk
‘Al aw firm acting in a professional negligence claim against another firm gave “unrealistic” estimates and the incurred costs were “likely to be unreasonable”, a judge has found.’
Law Society's Gazette, 23rd October 2023
Source: www.lawgazette.co.uk
‘Costs lawyers will still have work to do in an AI-dominated world – but they must be willing to retrain and adapt to take advantage of the opportunities available.’
Law Society's Gazette, 20th October 2023
Source: www.lawgazette.co.uk
‘You can never have too many tracks, said no one ever. Apart from Sir Rupert Jackson who recommended that the small, fast and multi-track should be (and is from the 1st of October 2023), augmented to include a new intermediate track.’
Becket Chambers, 29th September 2023
Source: becket-chambers.co.uk
‘One of the things that may be surprising about remediation orders and remediation contribution orders, both potentially expensive pieces of litigation that leaseholders may be forced to pursue, is that the FtT’s jurisdiction on costs is the “no costs” jurisdiction under rule 13 of its Rules. Costs (beyond payment of application fees) can only be awarded by the FtT if a party has behaved unreasonably, a high threshold, or for wasted costs (likewise). Although the Building Safety Act 2022 did not expressly say that the FtT was to have this no costs jurisdiction (rather than its costs jurisdictions for example in relation to its Land Registration or telecoms), amendments to the Rules from 1 November 2022 make express which jurisdictions can have real cost implications. The new Building Safety Act jurisdictions are not included.’
Falcon Chambers, 18th September 2023
Source: www.falcon-chambers.com
‘The Civil Procedure Rule Committee (CPRC) warned the government in July about the difficulty of meeting the timetable for the new regime of fixed costs in low-value clinical negligence cases, it has emerged.’
Legal Futures, 12th October 2023
Source: www.legalfutures.co.uk
‘The Court of Appeal has rejected a Russian tycoon’s bid to stay an $850m claim brought against him by two Russian banks, despite one of them being sanctioned, citing the right to access the courts.’
Legal Futures, 9th October 2023
Source: www.legalfutures.co.uk
‘Each year, thousands of people in England and Wales are accused of crimes for which they are later acquitted. While their names may be cleared, they are often left emotionally and financially devastated – as Brian Buckle, who was wrongfully convicted of sexually abusing a child, discovered first-hand.’
BBC News, 6th October 2023
Source: www.bbc.co.uk
‘Labour is seeking to delay until after the general election a court case against five former staff alleging they leaked a report concerned with the party’s handling of antisemitism complaints, as its costs were said to have apparently soared to £1.4m.’
The Guardian, 6th October 2023
Source: www.theguardian.com
‘Robert Bowker and Jeremy Weaver, an associate director at Bradys Solicitors analyse the recent case of St John Street Property Services Group v Riverside Group Ltd.’
Tanfield Chambers, 11th September 2023
Source: www.tanfieldchambers.co.uk
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