Tommy Robinson fined £900 for contempt of court – The Independent

Posted August 2nd, 2022 in contempt of court, costs, defamation, fines, news by tracey

‘Tommy Robinson has been fined £900 for failing to turn up at a High Court hearing to be questioned about his finances.’

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The Independent, 1st August 2022

Source: www.independent.co.uk

Rebekah Vardy loses ‘Wagatha Christie’ libel case against Coleen Rooney – The Guardian

Posted July 29th, 2022 in costs, defamation, evidence, media, news, telecommunications by sally

‘Rebekah Vardy has lost her “Wagatha Christie” libel case against Coleen Rooney, in a dramatic self-inflicted legal defeat that leaves her reputation destroyed.’

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The Guardian, 29th July 2022

Source: www.theguardian.com

Unreasonable refusal to engage with ADR – Law Society’s Gazette

‘In Richards & Anor v Speechly Bircham LLP & Anor (Consequential Matters) [2022] EWHC 1512 (Comm) HHJ Russen QC (sitting as a judge of the High Court) considered, inter alia, the most appropriate costs order to be imposed on the unsuccessful defendant law firm for refusing to consider and engage in mediation. He concluded, wrongly in my view, that a failure to mediate did not justify an order for costs on an indemnity basis.’

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Law Society's Gazette, 22nd July 2022

Source: www.lawgazette.co.uk

Court of Appeal warns of “perverse incentives” from litigation funding – Legal Futures

‘The Court of Appeal yesterday highlighted the importance of judicial control over costs to ensure that the involvement of third-party litigation funders does not create perverse incentives.’

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Legal Futures, 29th July 2022

Source: www.legalfutures.co.uk

Judge condemns “trench warfare” over witness statements – Legal Futures

Posted July 25th, 2022 in costs, evidence, judges, news, practice directions, witnesses by sally

‘The rules on witness statements should not be seen as encouragement to go through them “with a fine-tooth comb” to identify “as many instances of non-compliance as possible for use in trench warfare”, the High Court has said.’

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Legal Futures, 25th July 2022

Source: www.legalfutures.co.uk

Crackdown on corrupt elites abusing UK legal system to silence critics – Ministry of Justice

‘The Deputy Prime Minister Dominic Raab has today (20 July 2022) set out a package of measures that take aim at so-called “Strategic Lawsuits Against Public Participation” (SLAPPs).’

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Ministry of Justice, 20th July 2022

Source: www.gov.uk

MoJ considers £5,000 costs cap to protect defendants against SLAPPs – Legal Futures

‘The Ministry of Justice (MoJ) has suggested that people defending themselves from strategic lawsuits against public participation (SLAPPs) could be protected by a £5,000 costs cap.’

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Legal Futures, 22nd July 2022

Source: www.legalfutures.co.uk

News focus: CJC forum brainstorms costs reform – Law Society’s Gazette

Posted July 18th, 2022 in civil justice, costs, news by tracey

‘Costs lawyers convened at the Civil Justice Council last week to discuss another overhaul. Delegates offered robust opinions, but there was little consensus.’

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Law Society's Gazette, 18th July 2022

Source: www.lawgazette.co.uk

Court of Appeal rejects defendant’s fixed costs challenge – Law Society’s Gazette

Posted July 12th, 2022 in civil procedure rules, costs, news, part 36 offers by tracey

‘Fixed costs did not apply to a personal injury case which had fallen out of the protocol, the Court of Appeal has asserted. In Doyle v M&D Foundations & Building Services Ltd, Lord Justice Phillips ruled that there was no ambiguity in an agreed court order requiring the defendant to pay costs that were “subject of detailed assessment if not agreed.” ‘

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Law Society's Gazette, 11th July 2022

Source: www.lawgazette.co.uk

PI costs ruling could have “significant” impact on settled cases – Legal Futures

Posted July 11th, 2022 in appeals, barristers, compensation, costs, news, part 36 offers, personal injuries by tracey

‘A Court of Appeal ruling that the wording of a settlement of a personal injury claim supplanted fixed costs could have “significant” implications, including for cases that have already settled, a leading costs barrister has warned.’

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Legal Futures, 11th July 2022

Source: www.legalfutures.co.uk

Local authority wins appeal over costs order made in private family law proceedings – Local Government Lawyer

Posted July 8th, 2022 in appeals, costs, families, family courts, local government, news, third parties by sally

‘A judge allowed an “impermissible device” designed to provide a public source of funding for the parties’ legal costs in private family law proceedings, the Family Court has ruled.’

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Local Government Lawyer, 7th July 2022

Source: www.localgovernmentlawyer.co.uk

Firm ordered to pay wasted costs over lack of authority to act – Legal Futures

‘A law firm has been ordered to pay wasted costs of £7,920 for not satisfying itself that the director of a company in deadlock with the other director had the authority to give it instructions.’

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Legal Futures, 5th July 2022

Source: www.legalfutures.co.uk

Law firm overturns costs bill misconduct ruling – Legal Futures

‘The rules on misconduct in the CPR do not apply to solicitor/client costs assessments, the High Court has decided in overturning a finding against a Manchester law firm.’

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Legal Futures, 4th July 2022

Source: www.legalfutures.co.uk

Civil Justice Council kicks off ‘holistic’ review of costs – Law Society’s Gazette

Posted July 4th, 2022 in civil justice, consultations, costs, news by tracey

‘The Civil Justice Council has set in motion a possible shake-up of the civil costs regime with the start of a wide-ranging consultation. The judicial-led group will look at the key areas of costs budgeting, guideline hourly rates, the impact of digitisation and portals, and the consequences of the extension of fixed recoverable costs.’

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Law Society's Gazette, 1st July 2022

Source: www.lawgazette.co.uk

CJC begins process for major reform of costs regime – Legal Futures

Posted July 1st, 2022 in civil justice, consultations, costs, news by tracey

‘A rethought costs system that puts digitisation, vulnerable court users and a properly functioning civil justice system at its heart is the goal of a Civil Justice Council (CJC) working party, which yesterday began consulting on four key areas for possible reform.’

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Legal Futures, 1st July 2022

Source: www.legalfutures.co.uk

Court rejects claim that instructions of counsel create conflict – Law Society’s Gazette

Posted June 27th, 2022 in barristers, costs, judicial review, law firms, news, professional conduct, pupillage by tracey

‘A costs judge has rejected calls for claimant lawyers to be punished for alleged conflict in the way counsel was instructed to handle a case.’

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Law Society's Gazette, 24th June 2022

Source: www.lawgazette.co.uk

‘I wouldn’t have the money to pay a lawyer’: tenants left without means to sue rogue landlords – The Guardian

‘Poor and vulnerable tenants who are evicted from their homes or living in dangerous conditions will lose the chance to take their landlords to court when new government rules on legal costs come into force next year, experts are warning.’

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The Guardian, 26th June 2022

Source: www.theguardian.com

Not incidental enough – Nearly Legal

Posted June 24th, 2022 in appeals, costs, housing, landlord & tenant, leases, news, service charges by tracey

‘Mayor and Burgesses of the London Borough of Tower Hamlets v Khan (2022) EWCA Civ 831. A Court of Appeal judgment on whether a freeholder, LB Tower Hamlets, was entitled to contractual legal costs under the lease, following a money claim for unpaid service charges.’

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Nearly Legal, 21st June 2022

Source: nearlylegal.co.uk

High Court: No case justifies only using grade A fee-earners – Legal Futures

Posted June 16th, 2022 in costs, fees, news, solicitors by sally

‘A High Court judge said yesterday that he has never come across a case where some of the work could not be delegated to a more junior fee-earner.’

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Legal Futures, 16th June 2022

Source: www.legalfutures.co.uk

New Judgment: Competition and Markets Authority v Flynn Pharma Ltd and another, and Competition and Markets Authority v Pfizer Inc and another [2022] UKSC 14 – UKSC Blog

Posted May 27th, 2022 in appeals, competition, costs, news, ombudsmen, Supreme Court by sally

‘The Respondent is a public body tasked with investigating companies suspected of breaching competition law and penalising those found to have done so. The Appellants are both pharmaceutical companies fined by the CMA and both appealed to the Competition Appeal Tribunal (CAT) challenging the CMA’s decision. The CAT allowed the appeals in part, set aside part of the CMA’s decision, and remitted the case to the CMA for reconsideration.’

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UKSC Blog, 25th May 2022

Source: ukscblog.com