High Court refuses 100% success fee because trial had not started – Litigation Futures

‘The High Court has refused to allow a personal injury claimant a 100% success fee on the grounds that a trial had not started before the case was settled, even though a hearing had begun.’

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Litigation Futures, 8th May 2015

Source: www.litigationfutures.com

Judge fires costs warning in face of “documentary carpet bombing” – Litigation Futures

Posted May 7th, 2015 in civil procedure rules, costs, disclosure, documents, news by sally

‘A High Court judge has hit out at the “documentary carpet bombing” he faced in a negligence claim before him and warned litigants of the costs consequences that such behaviour can trigger.’

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Litigation Futures, 7th May 2015

Source: www.litigationfutures.com

Local authorities and judicial review: they should not put their heads completely in the sands – UK Human Rights Blog

Posted May 7th, 2015 in costs, judicial review, local government, news, planning, trials by sally

‘Out of what some may think to be an everyday spat between the Co-Op (existing supermarket) and an out-of-town supermarket proposer, comes a salutary reminder from Singh J that local authorities cannot behave like private litigants when they are judicially reviewed. Different rules apply.’

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UK Human Rights Blog, 7th May 2015

Source: www.ukhumanrightsblog.com

Retired vicar who refused to pay council tax as matter of principle wins High Court victory over excessive costs – The Independent

Posted May 7th, 2015 in clergy, costs, council tax, news, poverty, taxation by sally

‘A retired vicar who refused to pay council tax on a matter of principle has won a High Court victory over excessive costs.’

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The Independent, 7th May 2015

Source: www.independent.co.uk

Parents of autistic man criticise decision to prosecute him – Daily Telegraph

‘George Ostle’s parents say if Lord Janner was not fit to stand trial then neither was their autistic son who has the mental age of a ten-year-old.’

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Daily Telegraph, 6th May 2015

Source: www.telegraph.co.uk

Costs lawyers become latest to call for level playing field in QC appointments – Litigation Futures

Posted May 6th, 2015 in costs, legal profession, news, queen's counsel by sally

‘Costs lawyers and others with rights of audience who are not currently eligible for appointment as Queen’s Counsel should have the right to apply for silk, the Association of Costs Lawyers (ACL) has said.’

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Litigation Futures, 6th May 2015

Source: www.litigationfutures.com

Faith school wins judicial review over adjudicator findings on admissions – Local Government Lawyer

Posted May 6th, 2015 in costs, education, judicial review, news, school admissions by sally

‘A high-profile faith school won a High Court judicial review last month over the Schools Adjudicator’s finding that its admission arrangements for 2014 and 2015 were unlawful.’

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Local Government Lawyer, 5th May 2015

Source: www.localgovernmentlawyer.co.uk

As difficult as pulling teeth – Nearly Legal

Posted May 5th, 2015 in costs, damages, housing, landlord & tenant, news, repairs by sally

‘Disrepair claims against private landlords are often interesting. Not least because said landlords have a tendency to take ridiculous positions and stick with them to trial, even when represented. This case is a glorious example of that.’

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Nearly Legal, 4th May 2015

Source: www.nearlylegal.co.uk

Delay Too Often Defeats Justice – Speech by Master of the Rolls

Posted April 30th, 2015 in case management, costs, delay, magna carta, news, speeches by sally

Delay Too Often Defeats Justice (PDF)

Speech by Master of the Rolls

The Law Society, Magna Carta Event, 22nd April 2015

Source: www.judiciary.gov.uk

Children: Private Law Update – Family Law Week

Posted April 30th, 2015 in children, costs, domestic violence, evidence, news by sally

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

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Family Law Week, 29th April 2015

Source: www.familylawweek.co.uk

Liberties, Customs and the Free Flow of Trade – Speech by the Master of the Rolls

Liberties, Customs and the Free Flow of Trade (PDF)

Speech by the Master of the Rolls

4th Annual British Irish Commercial Law Forum, 23rd April 2015

Source: www.judiciary.gov.uk

Procedure – 39 Essex Chambers

‘Section 57 of the Criminal Justice and Courts Act 2015 comes into force on 13 April 2015.

Section 57, which introduces the presumption of dismissal in personal injury claims where the claimant has been found to be fundamentally dishonest in relation to a primary or related claim, comes into force on 13 April 20151. The explanatory notes to the Bill for this Act confirm that this provision is designed to extend the power identified in Summers v Fairclough Homes Ltd2 beyond the very exceptional circumstances required there under for an abusive claim to be struck out at the end of trial. The reference to a ‘related claim’ makes it clear that the Shah v Ul-Haq3 style claimant, who dishonestly supports the fraudulent claim of another, will also stand to lose their own (honest) claim.’

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39 Essex Chambers, April 2015

Source: www.39essex.com

Review of Costs Budgeting Process by Jackson LJ – Zenith Chambers

Posted April 29th, 2015 in budgets, costs, negligence, news, personal injuries, telephone hearings by sally

‘Following the introduction of costs budgeting as part of his wide-ranging package of civil justice reforms, Jackson LJ is now undertaking a review of the process.’

Full story (PDF)

Zenith Chambers, 20th April 2015

Source: www.zenithchambers.co.uk

‘All creatures’ mansion owner admits illegal changes – BBC News

Posted April 28th, 2015 in costs, news, planning by sally

‘A property developer has admitted making illegal alterations to a Monmouthshire house that is said to have inspired the hymn All Things Bright and Beautiful.’

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BBC News, 27th April 2015

Source: www.bbc.co.uk

EAT upholds £10,000 costs order against claimant “in dire straits” – Litigation Futures

Posted April 23rd, 2015 in appeals, costs, employment tribunals, news by sally

‘A costs order of £10,000 against a woman described by her barrister as “in dire straits” has been upheld by the Employment Appeal Tribunal (EAT).’

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Litigation Futures, 23rd April 2015

Source: www.litigationfutures.com

Review of Costs Budgeting Process by Jackson LJ – Zenith PI Blog

Posted April 21st, 2015 in budgets, costs, judges, news by sally

‘Following the introduction of costs budgeting as part of his wide-ranging package of civil justice reforms, Jackson LJ is now undertaking a review of the process.’

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Zenith PI Blog, 20th April 2015

Source: www.zenithpi.wordpress.com

Costs Management, Proportionality and How the Courts Will Approach Costs Incurred Across the 2013 Divide – Zenith PI Blog

Posted April 21st, 2015 in budgets, case management, civil procedure rules, costs, news, proportionality by sally

‘Since the introduction of the Civil Procedure Rules, the standard basis of assessment of costs in civil litigation has required costs to be proportionate to the matters in issue as well as reasonably incurred and proportionate in amount.’

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Zenith PI Blog, 20th April 2015

Source: www.zenithpi.wordpress.com

Jackson has mercy on claimant whose damages were wiped out by “swingeing” costs order – Litigation Futures

Posted April 21st, 2015 in appeals, costs, damages, misrepresentation, negligence, news by sally

‘Lord Justice Jackson has shown his merciful side in overturning a “swingeing” costs order which would have wiped out the £75,000 damages won by the claimant in a housing case.’

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Litigation Futures, 21st April 2015

Source: www.litigationfutures.com

High Court judge urges commercial practitioners to cut out the insults – Litigation Futures

Posted April 17th, 2015 in barristers, costs, news, professional conduct, solicitors by sally

‘There is an “urgent need for commercial practitioners to bring a sense of proportion” to hard-fought litigation, a High Court judge said yesterday as he called on lawyers to bring down, rather than raise, the temperature of disputes.’

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Litigation Futures, 17th April 2015

Source: www.litigationfutures.com

Freedom of information: round-up – Law Society’s Gazette

‘Transparency and openness for local authorities does not just mean disclosing information under the Freedom of Information Act 2000 (FoI). Section 3 of the Local Government, Planning and Land Act 1980 gives the secretary of state the power to issue a code of practice about the publication of information by local authorities relating to the discharge of their functions.’

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Law Society’s Gazette, 13th April 2015

Source: www.lawgazette.co.uk