‘The distinction between a repair and an improvement when a landlord carries out works to a property is often problematic. The volume and age of reported cases on this point shows this is not a recent problem.’
Hardwicke Chambers, 9th March 2015
Source: www.hardwicke.co.uk
‘From 6 April 2015, the structure of Part 36 will change and a number of new rules are to be introduced. This is the most fundamental change in the Part 36 rules for many years.’
Hardwicke Chambers, 20th January 2015
Source: www.hardwicke.co.uk
‘In the recent case of A (A Child) v University Hospitals of Morecambe Bay NHS Foundation Trust [2015] EWHC 366 (QB) the claimant was awarded the cost of installing a hydrotherapy pool in her home. Here we look at the circumstances in which a defendant will be ordered to pay such expensive costs.’
Cloisters, 9th March 2015
Source: www.cloisters.com
‘The recent case of Siegel v Pummell [2015] EWHC 195 (QB) demonstrates judicial willingness to make a costs order on the indemnity basis where circumstances exist which justify such an order being made.’
Law Society’s Gazette, 16th March 2015
Source: www.lawgazette.co.uk
‘A High Court judge has criticised the insurance industry over a failed attempt to have noise-induced hearing loss (NIHL) reclassified as an injury rather than a disease, in a bid to reduce the level of pre-Jackson success fees defendants would have to pay.’
Litigation Futures, 16th March 2015
Source: www.litigationfutures.com
‘A local authority is entitled to the costs protection conferred on claimants in Aarhus Convention claims, the Court of Appeal has ruled.’
Local Government Lawyer, 13th March 2015
Source: www.localgovernmentlawyer.co.uk
‘The decision to destroy a beloved pet suggests that the animal protection charity has lost its way.’
Daily Telegraph, 14th March 2015
Source: www.telegraph.co.uk
‘An NHS trust in Cornwall has been ordered to pay nearly £20,000 in fines and costs over failings in its approach to dealing with dermatitis. The Health & Safety Executive prosecuted the Royal Cornwall Hospitals NHS Trust following an investigation that found 23 cases of dermatitis – occurring between 2007 and 2012 – had not been reported to it as is required by the law.’
Local Government Lawyer, 9th March 2015
Source: www.localgovernmentlawyer.co.uk
‘Lord Dyson, the Master of the Rolls, has made it clear that he is “personally opposed” to changes in the costs rules for judicial review oral permission hearings.’
Litigation Futures, 11th March 2015
Source: www.litigationfutures.com
‘The High Court has slashed a claimant company’s costs budget from £9.5m to £4.3m, describing it as “entirely unreliable” and “deliberately manipulated”.’
Litigation Futures, 9th March 2015
Source: www.litigationfutures.com
‘A group of employees who successfully appealed a tribunal ruling over the interpretation of their contracts cannot recover court fees because their union paid them, the Employment Appeal Tribunal (EAT) has decided.’
Litigation Futures, 4th March 2015
Source: www.litigationfutures.com
‘The family court has renewed a stern message to litigants that it will not tolerate non-compliance with court orders. The Honourable Mr Justice Keehan said practitioners must be made aware that poor practices pre-dating new Civil Procedure Rules should no longer be a feature of family litigation.’
Law Society’s Gazette, 4th March 2015
Source: www.lawgazette.co.uk
‘Regulations that would have limited access to judicial review are unlawful, the High Court ruled today.’
Law Society’s Gazette, 3rd March 2015
Source: www.lawgazette.co.uk
‘A man who was filmed swallowing a goldfish for the Neknominate online drinking game has been been banned from owning fish for five years.’
BBC News, 2nd March 2015
Source: www.bbc.co.uk
‘A claimant who took a credit hire case from the small claims court all the way to the Court of Appeal must pay her own costs because the defendant insurer’s behaviour was not “unreasonable”, appeal judges have ruled.’
Litigation Futures, 2nd March 2015
Source: www.litigationfutures.com
‘The recent case of Laporte v The Commissioner for the Police of the Metropolis [2015] EWHC 371 (QB), which came before Turner J (pictured), reinforced the pro-ADR stance of courts and the obligation on parties to seriously consider and engage with ADR processes. Although the case also dealt with indemnity costs, this article specifically focuses upon ADR.’
Law Society’s Gazette, 2nd March 2015
Source: www.lawgazette.co.uk
‘Evidence drawn up on David Cameron’s orders alleges that Public Interest Lawyers continued to pursue torture and murder claims for a year after realising that they may be “untrue”.’
Daily Telegraph, 1st March 2015
Source: www.telegraph.co.uk
‘Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.’
Family Law Week, 23rd February 2015
Source: www.familylawweek.co.uk
‘The High Court has ruled that when long-running employment tribunal hearing collapsed as the result of the judge’s recusal due to apparent bias the claimants in the action could not obtain damages for wasted costs under section 6 of the Human Rights Act (HRA) 1998 (specifically Article 6, the right to a fair trial) or the EU Charter.’
UK Human Rights Blog, 25th February 2015
Source: www.ukhumanrightsblog.com
‘Cornwall Council has successfully applied to have a breach of contract claim brought by a care provider struck out just as a trial listed for five days was about to start.’
Local Government Lawyer, 24th February 2015
Source: www.localgovernmentlawyer.co.uk
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