‘Most landlord and tenant disputes end up in court. From the perspective of landlords, this can be a lengthy, frustrating, and costly process. For tenants, the experience is often uncertain, draining, and also costly. Is there a place for arbitration in this?’
Tanfield Chambers, 30th November 2015
Source: www.tanfieldchambers.co.uk
‘In his monthly column, James Bickford Smith discusses the decision in Ong and others v Ping [2015] EWHC 3258 (Ch) and the apparent revival of the “rule” in Lewis v Daily Telegraph Ltd (No 2) [1964] 2 QB 601.’
Full story
Littleton Chambers, 4th December 2015
Source: www.littletonchambers.co.uk
‘The Court of Appeal has reiterated that the burden of proof for proving whether a marriage is a sham for immigration law purposes rests with the Home Office. The case is Agho v The Secretary of State for the Home Department [2015] EWCA Civ 1198 and it confirms the obiter remarks of former President Blake in the earlier tribunal case of Entry Clearance Officer, Nicosia v Papajorgji [2012] UKUT 00038 (IAC) (FM post: New case law on meaning of genuine and subsisting marriage).’
Free Movement, 9th December 2015
Source: www.freemovement.org.uk
‘Leasehold disputes, like any litigation, are capable of generating significant legal and other professional costs. The position is generally better for freeholders/third party managers than it is for leaseholders in that a well-drafted lease will usually give the landlord/manager a right to recover legal costs, often through a variety of different forms of covenant. These clauses can (and do) “trump” any procedural restrictions on the award of costs, see, e.g. Chaplair, but, of course, it is always a question of construction as to what the clause in question covers.’
Nearly Legal, 5th December 2015
Source: www.nearlylegal.co.uk
‘In the recent case of R (on the application of Turay) v Secretary of State for the Home Department IJR [2015] UKUT 485 (IAC) Mr Ockelton, the Deputy President of the Immigration and Asylum Chamber of the Upper Tribunal, concludes (1) that applicants for judicial review cannot supplement or amend their position but (2) the Home Office can.’
Free Movement, 2nd December 2015
Source: www.freemovement.org.uk
‘The courts take money from offenders in a number of ways, including fines, the victim surcharge, compensation orders, prosecution costs and the Criminal Courts Charge. This array of penalties, fines and charges is complex and confusing. I have therefore asked my department to review the entire structure, and purpose, of court-ordered financial impositions for offenders, in order to bring greater simplicity and clarity to the system.’
Ministry of Justice, 3rd December 2015
Source: www.gov.uk/government/organisations/ministry-of-justice
‘The Court of Appeal has made a major strike against the practice of third-party capture by ordering an insurance company that settled personal injury claims directly with the clients of a law firm to pay the solicitors the costs they would have earned.’
Litigation Futures, 3rd December 2015
Source: www.litigationfutures.com
‘An Apple customer has won a “monumental victory” over the tech company after his photos were wiped.’
Daily Telegraph, 1st December 2015
Source: www.telegraph.co.uk
‘The High Court has sent a strong signal to law firms ‘sub-contracting’ disclosure work to third parties.’
Law Society’s Gazette, 2nd December 2015
Source: www.lawgazette.co.uk
‘Costs judges have a broad discretion when considering what amount to “special circumstances” that allow them to depart from the “one-fifth” rule on the costs of a Solicitors Act assessment, the Court of Appeal has decided.’
Litigation Futures, 19th November 2015
Source: www.litigationfutures.com
‘The government has delayed launch of its consultation on introducing fixed recoverable costs in low-value clinical negligence claims.’
Litigation Futures, 19th November 2015
Source: www.litigationfutures.com
‘Criminal court charges create perverse incentives for the innocent to plead guilty, warns Bar Council chairman Alistair MacDonald QC, ahead of today’s parliamentary debate. He also points out that we still do not know if the Government is on track to raise £265 million it proposed to bring in over the course of this Parliament.’
The Bar Council, 17th November 2015
Source: www.barcouncil.org.uk
‘Lord Thomas of Cwmgiedd says better treatment of victims by criminal justice system encouraging more people to report sexual assaults.’
The Guardian, 17th November 2015
Source: www.guardian.co.uk
‘An interesting point arose in this judicial review (for which see Rosalind English’s post here). Could the claimant get the benefit of an order that any costs he might have had to pay were capped at £5,000? The original judge, Thirlwall J, when granting permission, had refused this costs protection. Ouseley J granted it, though, because the claimant won, the order is academic (short of a successful appeal by the defendant). ‘
UK Human Rights Blog, 14th November 2015
Source: www.ukhumanrightsblog.com
‘In this case, HHJ David Grant had to decide whether or not fixed recoverable costs applied to a claim that started out in the portal but was subsequently allocated to the multi-track.’
Zenith PI, 13th December 2015
Source: www.zenithpi.wordpress.com
‘A mother and her children who were separately represented as claimants in a long-running case are entitled to the costs of two sets of solicitors up to a point, the High Court has ruled.’
Litigation Futures, 12th November 2015
Source: www.litigationfutures.com
‘A claimant law firm has been given a major shot across the bows over its costs claim in a clinical negligence case after a High Court judge heavily reduced the sum its client sought as payment on account of costs, on the grounds of both proportionality and necessity.’
Litgiation Futures, 13th November 2015
Source: www.litigationfutures.com
‘In his monthly column, James Bickford Smith discusses the High Court’s decision in The Dorchester Group Limited t/a The Dorchester Collection v Kier Construction Limited [2015] EWHC 3051 (TCC) concerning an open offer of settlement.’
Littleton Chambers, 11th November 2015
Source: www.littletonchambers.com
‘A regular issue that is being raised at MOJ Stage 3 hearings, particularly since the introduction of the 13th edition of the JC Guidelines: can parties make new offers in their Part B forms and benefit from the cost consequences of Part 36.29 for beating/matching them? This article aims to set out the relevant rules and paragraphs to determine this issue.’
Park Square Barristers, 6th November 2015
Source: www.parksquarebarristers.co.uk
© Inner Temple Library 2025