CA rejects law firm’s bid to reverse relief granted over funding notice failure – Litigation Futures

‘Mishcon de Reya has failed in its bid to overturn the grant of relief from sanctions made in favour of claimants who are suing the London law firm for professional negligence but failed to serve their funding notice in time.’

Full story

Litigation Futures, 13th October 2015

Source: www.litigationfutures.com

High Court rules ‘offer to settle’ was not a Part 36 – Law Society’s Gazette

Posted October 14th, 2015 in civil procedure rules, compensation, costs, news, part 36 offers, solicitors by sally

‘The High Court has overturned a ruling that found a defendant had agreed a Part 36 offer to settle.’

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Law Society’s Gazette, 13th October 2015

Source: www.lawgazette.co.uk

Criminal Courts Charge – The Bar Council

Posted October 14th, 2015 in compensation, costs, courts, criminal courts charge, fees, guilty pleas, press releases by sally

‘Defendants accused of a crime they have not committed will be incentivised to plead guilty to avoid new court charges in criminal cases, warns the Bar Council ahead of a debate in the House of Lords.’

Full press release

The Bar Council, 13th October 2015

Source: www.barcouncil.org.uk

Julian Assange: Scotland Yard ends 24-hour guard on Ecuadorian embassy – Daily Telegraph

Posted October 13th, 2015 in costs, embassies, extradition, news, police, proportionality by sally

‘Police officers have stopped guarding the embassy in London where the Wikileaks founder took refuge, saying it is no longer “proportionate.” ‘

Full story

Daily Telegraph, 12th October 2015

Source: www.telegraph.co.uk

Trial judge and costs. Ooops – Nearly Legal

‘I’ve heard about a few costs decisions by trial judges recently which might be considered, to put it politely, interesting, or brave, in the Yes Minister sense. So it was with some interest that I read the Court of Appeal decision in Begum v Birmingham City Council [2015] EWCA Civ 386.’

Full story

Nearly Legal, 8th October 2015

Source: www.nearlylegal.co.uk

Finance & Divorce Update October 2015 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during September 2015.’

Full story

Family Law Week, 11th October 2015

Source: www.familylawweek.co.uk

Appeal judges overturn Blakemores negligence claim strike-out and £635,000 costs judgment – Legal Futures

Posted October 9th, 2015 in appeals, costs, land registration, law firms, mistake, negligence, news, striking out by sally

‘The Court of Appeal has overturned a High Court decision striking out a negligence claim against Birmingham law firm Blakemores, now in administration, and also set aside a default judgment obtained by the firm for £635,500 in costs.’

Full story

Legal Futures, 8th October 2015

Source: www.legalfutures.co.uk

No Schedule No Money? – Zenith PI Blog

Posted October 6th, 2015 in appeals, costs, news by sally

‘The question of what costs to award (if any) to a party who has failed to provide a schedule of costs troubled the High Court recently in the case of The Queen (on the application of the Solicitor’s Regulation Authority) -v- Imran [2015] EWHC 2572 (Admin).’

Full story

Zenith PI Blog, 2nd October 2015

Source: www.www.zenithpi.wordpress.com

Criminal Practice Directions and Practice Direction (Costs in Criminal Proceedings) re-issued – Courts and Tribunals Judiciary

Posted October 2nd, 2015 in costs, criminal procedure, practice directions, press releases by sally

‘Criminal Practice Directions and Practice Direction (Costs in Criminal Proceedings) re-issued.’

Full press release

Courts and Tribunals Judiciary, 30th September 2015

Source: www.judiciary.gov.uk

Wirral cat killer who broke a puppy’s jaw is jailed – BBC News

Posted October 1st, 2015 in animal cruelty, costs, disqualification, imprisonment, news, sentencing by sally

‘A man who killed a cat and broke a puppy’s jaw has been jailed and banned from keeping animals for life.’

Full story

BBC News, 30th September 2015

Source: www.bbc.co.uk

UK consults on ‘improvements’ to environmental costs protection rules – OUT-LAW.com

Posted October 1st, 2015 in consultations, costs, EC law, environmental protection, news by sally

‘The UK government has begun a preliminary consultation on changes to the costs protection rules in environmental cases in England and Wales. The Environmental Costs Protection Regime is designed to ensure that it is not “prohibitively expensive” for campaigners and members of the public to challenge the decisions of public bodies. Improvements to the regime are needed to address concerns raised by the European Commission over the UK’s approach to the rules, particularly the fact that they do not take into account challengers’ individual financial circumstances. The Court of Justice of the European Union (CJEU) upheld the Commission’s case in February 2014.’

Full story

OUT-LAW.com, 30th September 2015

Source: www.out-law.com

A & M v Royal Mail Group – ATE Premiums and Success Fees Under CPR 21 – Zenith PI Blog

‘A and M, aged 12 and 4 respectively, brought claims in damages for personal injuries and consequential losses sustained in a road traffic accident on the 31st July 2013. Agreement was reached with the insurers for the Defendant for both general damages and special damages through the usual minor injury claim portal process. Naturally, that agreement was subject to the ultimate approval of the Court pursuant to Part 21 CPR. DJ Lumb at the County Court Sitting at Birmingham was able to provisionally approve awards of £2115 and £2065 respectively on 14th August 2015. In addition, the Defendant agreed to pay the fixed recoverable costs calculated in accordance with CPR Part 45. The case had progressed in the standard way up until this point.’

Full story

Zenith PI Blog, 29th September 2015

Source: www.zenithpi.wordpress.com

CJC “conceptually” against new financial information rules for judicial review claimants – Litigation Futures

Posted September 29th, 2015 in Civil Justice Council, consultations, costs, disclosure, news by sally

‘The Civil Justice Council (CJC) has made it clear that it remains “conceptually” opposed to the new financial information rules for judicial review applicants, despite their passage into law in the Criminal Justice and Courts Act 2015.’

Full story

Litigation Futures, 29th September 2015

Source: www.litigationfutures.com

Is that the sound of change to NIHL claims? – Zenith PI Blog

Posted September 29th, 2015 in Civil Justice Council, costs, news, noise, personal injuries by sally

‘The Civil Justice Council has set up a working group, to be chaired by Andrew Parker of DAC Beachcroft, to advise the present government as to the handling of noise induced hearing loss claims. Membership of the working group will represent solicitors, claims managers, insurers, the Ministry of Justice and the judiciary.’

Full story
Zenith PI Blog, 28th September 2015

Source: www.zenithpi.wordpress.com

MoJ tells noise-induced hearing loss working group to focus on fixed fees – Litigation Futures

Posted September 28th, 2015 in costs, fees, Ministry of Justice, news, noise, personal injuries by sally

‘The Civil Justice Council (CJC) group asked by the Ministry of Justice to investigate noise-induced hearing loss (NIHL) claims is to look at how a fixed-costs regime might work, it has been announced.’

Full story

Litigation Futures, 28th September 2015

Source: www.litigationfutures.com

Slide fetish man banned from children’s playgrounds – Daily Telegraph

Posted September 22nd, 2015 in children, costs, disqualification, fines, news, outraging public decency by sally

‘Christopher Johnson, 46, admits simulating a sexual act with a slide in Coventry and is handed a three-year community order.’

Full story

Daily Telegraph, 21st September 2015

Source: www.telegraph.co.uk

SDT throws out allegations of forgery against fee-earner – Legal Futures

‘The Solicitors Disciplinary Tribunal has thrown out charges brought by the Solicitors Regulation Authority (SRA) against a non-qualified fee-earner, deciding he had no case to answer and that the regulator should pay costs as a reminder to keep cases under review as they progress.’

Full story

Legal Futures, 22nd September 2015

Source: www.legalfutures.co.uk

No rush for more women at the top of the legal profession, says senior judge – Daily Telegraph

Posted September 22nd, 2015 in costs, diversity, equality, human rights, judges, judiciary, legal profession, news, women by sally

‘Lord Sumption claims rushing to achieve equality could damage the judiciary.’
Full story

Daily Telegraph, 21st September 2015

Source: www.telegraph.co.uk

MoJ consults on costs protection in environmental litigation – Litigation Futures

Posted September 22nd, 2015 in consultations, costs, EC law, environmental protection, news by sally

‘The government has launched a consultation on steps to bring the UK into line with recent judgments of the European Court of Justice on costs protection for certain environmental challenges.’

Full story

Litigation Futures, 21st September 2015

Source: www.litigationfutures.com

Can access to justice in employment disputes be restored by a new single jurisdiction? – Halsbury’s Law Exchange

Posted September 21st, 2015 in costs, dispute resolution, employment tribunals, jurisdiction, news by sally

‘In 2013 radical changes were introduced to the Employment Tribunal system, which, since its inception in the 1970s, had enabled employees to bring their disputes before a legally qualified Chairman free of charge. Since 2013 legal costs have been incurred automatically upon issuing proceedings. Before issuing proceedings the parties have an opportunity to reach a settlement via the ACAS early conciliation process. But there may be little incentive for an employer to engage in a conciliated settlement, where the employee is unlikely to be able to afford the tribunal fees.’

Full story

Halsbury’s Law Exchange, 18th September 2015

Source: www.halsburyslawexchange.co.uk