‘For reasons that will become clear in this post, rentcharges are a bit of a legal oddity. It has been a new realm for me, but I was intrigued by this case, and wiser members of the NL collective have held my hand as I headed down this particular rabbit hole.’
Nearly Legal, 8th June 0215
Source: www.nearlylegal.co.uk
‘Saga of divorce battle takes extraordinary new twist as financial backers plan to sue her for breach of contract.’
Daily Telegraph, 7th June 2015
Source: www.telegraph.co.uk
In re K (Children): [2015] EWCA Civ 543; [2015] WLR (D) 237
‘The Family Court had no power to order the Lord Chancellor to provide public funding for legal representation outside the legal aid scheme in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.’
WLR Daily, 22nd May 2015
Source: www.iclr.co.uk
‘A trustee looking after the affairs of a bankrupt law firm has been refused permission to claim costs from the client accounts of the practice.’
Law Society’s Gazette, 5th June 2015
Source: www.lawgazette.co.uk
‘The worst data breach incidents are costing UK businesses between £1.5 million and £3m on average through business disruption, lost sales and assets and damage to reputation, new research by the UK government and consultancy PwC has found.’
OUT-LAW.com, 3rd June 2015
Source: www.out-law.com
‘New measures to make criminals, rather than hard working taxpayers, pay more towards their legal bills have come into force today (1 June 2015).’
Ministry of Justice, 1st June 2015
Source: www.gov.uk/government/organisations/ministry-of-justice
‘At common law, an employer who had compensated an employee for exposing him to mesothelioma was only entitled to an indemnity under his liability insurance to the extent of the proportion which the policy period bore to the whole period of the employee’s exposure by the employer but could recover 100% per cent of the defence costs incurred in defending the employee’s claim.
WLR Daily, 20th May 2015
Source: www.iclr.co.uk
‘The substantive matter in the case of R (on the application of Kaienga) v Secretary of State for the Home Department IJR [2015] UKUT 272 (IAC) was agreed by way of a consent order; however costs had not been agreed between the parties in advance of the hearing. An application was made by the applicant for costs on an indemnity basis as a result of the Home Office’s conduct. UTJ Kopiecek awarded the applicant their costs, but refused to do so on an indemnity basis reiterating that such an order is not designed for punitive purposes.’
Free Movement, 29th May 2015
Source: www.freemovement.org.uk
‘With legal aid in crisis, CrowdJustice selects public interest cases and invites the public to fund them. But it faces many obstacles to enacting real change.’
The Guardian, 25th May 2015
Source: www.guardian.co.uk
‘Anecdotal evidence suggests that Defendants in failed personal injury claims are increasingly making use of the Court’s wasted costs powers in an attempt to recover costs from Claimants’ legal representatives. Often this is in cases where the Defence is either explicitly or implicitly one of fraud. In such cases the terms of the ATE insurance (if indeed any is held by the Claimant) are often such that the policy does not pay out. Thus, Defendants are sometimes left in the position of holding a costs order against a ‘man of straw’. To circumvent this problem it seems some Defendants are making costs applications against legal representatives directly, using the wasted costs jurisdiction. The recent case of Kagalovsky v Balmore Invest Ltd [2015] EWHC 1337 (QB)[1] provides a salutary reminder of the difficulties a party faces when seeking to persuade a Court to make a wasted costs order.’
Zenith PI Blog, 20th May 2015
Source: www.zenithpi.wordpress.com
‘A discrete but significant issue on costs recently came before the Court of Appeal in R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2015] EWCA Civ 203.’
Law Society’s Gazette, 18th May 2015
Source: www.lawgazette.co.uk
‘The court can depart from the usual rule in CPR r.38.6(1) that a Claimant who has discontinued their claim is liable for the costs which a Defendant has incurred and, alternatively, order that the Defendant pay a part of the Claimant’s costs.’
Zenith PI Blog, 18th May 2015
Source: www.zenithpi.wordpress.com
‘Harbour Lecture by Lord Justice Dyson MR: Confronting Costs Management.’
Courts and Tribunals Judiciary, 14th May 2015
Source: www.judiciary.gov.uk
‘Harbour Lecture by Lord Justice Jackson: Confronting Costs Management.’
Courts and Tribunals Judiciary, 14th May 2015
Source: www.judiciary.gov.uk
‘The architect of controversial costs management reforms has returned to the subject to insist his changes will not be watered down.’
Law Society’s Gazette, 14th May 2015
Source: www.lawgazette.co.uk
‘The Senior Costs Judge, Master Gordon-Saker, has been overruled by the High Court after he denied a claimant who made a successful part 36 offer in detailed assessment proceedings the additional 10% uplift to which he was entitled.’
Litigation Futures, 11th May 2015
Source: www.litigationfutures.com
Regina (Nicolson) v Tottenham Magistrates’ Court: [2015] EWHC 1252 (Admin); [2015] WLR (D) 204
‘Before being empowered to make an order under regulation 34(7) of the Council Tax (Administration and Enforcement) Regulations 1992 for costs reasonably incurred by a local authority in council tax enforcement proceedings, the magistrates’ court had to have made a proper judicial determination of what costs had been reasonably incurred by the applicant in obtaining the liability order, that determination being based on proper and sufficient material provided by the applicant.’
WLR Daily, 6th May 2015
Source: www.iclr.co.uk
‘April has seen a great deal of discussion on costs and budgeting. Here is a review of what else we have been writing about this month.’
Zenith PI, 6th May 2015
Source: www.zenithpi.wordpress.com
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