In the matter of S (A Child) – Supreme Court

Posted April 14th, 2015 in appeals, care orders, costs, law reports, local government, Supreme Court by sally

In the matter of S (A Child) [2015] UKSC 20 (YouTube)

Supreme Court, 25th April 2015

Source: www.youtube.com/user/UKSupremeCourt

Satellite litigation warning as new fundamental dishonesty rule comes into force – Litigation Futures

‘The new rule on fundamental dishonesty in personal injury actions, which comes into force today under section 57 of the Criminal Justice and Courts Act 2015, brings with it “a lot of potential for satellite litigation”, a leading defence lawyer has warned.’

Full story

Litigation Futures, 13th April 2015

Source: www.litigationfutures.com

Access to justice a greater concern than free healthcare – poll – The Guardian

‘The public is more concerned about access to justice than free healthcare, according to a poll commissioned by lawyers campaigning to reverse cuts to legal aid.’

Full story

The Guardian, 13th April 2015

Source: www.guardian.co.uk

Well I wouldn’t start from here – Nearly Legal

‘A cautionary tale on how, when things go badly wrong, it is, by and large, better not to take active steps to make them worse.’

Full story

Nearly Legal, 8th April 2015

Source: www.nearlylegal.co.uk

Regina (Coll) v Secretary of State for Justice – WLR Daily

Regina (Coll) v Secretary of State for Justice [2015] EWCA Civ 328; [2015] WLR (D) 157

‘In providing approved premises for women released from prison on licence, the Secretary of State for Justice had not discriminated directly under section 13 of the Equality Act 2010 or indirectly under section 19.’

WLR Daily, 31st March 2015

Source: www.iclr.co.uk

In re S (A Child) (Access to Justice Foundation intervening) – WLR Daily

In re S (A Child) (Access to Justice Foundation intervening) [2015] UKSC 20; [2015] WLR (D) 163

‘The principle that orders for costs were not normally made in cases about children applied in cases involving local authorities, whether in relation to first instance proceedings or on appeal. A costs order would only be made where a party had acted reprehensibly in relation to the child or had taken an unreasonable stance in the proceedings, or if it were otherwise appropriate and just, as where the child’s welfare might be put at risk if a costs order were not made.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

PART 36 of the CPR – Offers are changing – Park Square Barristers

‘Part 36 of the Civil Procedure Rules encourages parties to settle their disputes. It does this by imposing sanctions if one party turns down an offer to settle but then doesn’t get a better result at trial. The rules are complex, so Andrew Mitchell takes a closer look at the latest changes to Part 36.’

Full story

Park Square Barristers, 1st April 2015

Source: www.parksquarebarristers.co.uk

Family Court Key Decision Review: Part 1 – No. 5 Chambers

Posted April 7th, 2015 in care orders, costs, delay, documents, local government, news by sally

‘In the first of a new series of quarterly round ups, Kathryn Taylor reviews some of the key decisions of the family court since December 2014, with a particular emphasis on Local Authority failings.’

Full story

No. 5 Chambers, 30th March 2015

Source: www.no5.com

The Care Act 2014: Charging for Care and Support – Doughty Street Chambers

Posted April 2nd, 2015 in costs, disabled persons, elderly, news, social services by sally

‘This paper considers the key changes introduced by the Care Act 2014 (“the Act”) in
relation to charging for care and support, including deferred payments. (It does not
set out each element of the charging scheme, much of which is unchanged).’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Is the defendant worth suing? – Hardwicke Chambers

Posted March 31st, 2015 in civil procedure rules, costs, insurance, negligence, news, regulations by sally

‘“You can’t get blood out of a stone”. “There’s no point in throwing good money after bad”. Many will have found themselves using clichés when advising a claimant where the defendant’s ability to meet any future award is very much in doubt. In professional negligence claims the normal expectation is that the defendant will have professional indemnity insurance cover that will meet any claim, but how can one be sure? And even if there is cover can one find out the level of that cover?’

Full story

Hardwicke Chambers, 24th March 2015

Source: www.hardwicke.co.uk

Court charge of up to £1,200 for criminals revealed – BBC News

Posted March 27th, 2015 in costs, criminal courts charge, guilty pleas, news, trials by sally

‘Convicted criminals in England and Wales will have to pay up to £1,200 towards the cost of their court case under new rules, it has been revealed.’

Full story

BBC News, 27th March 2015

Source: www.bbc.co.uk

Cheating Premier League footballer at centre of one-night stand blackmail plot should be named, says judge – Daily Telegraph

Posted March 26th, 2015 in anonymity, appeals, blackmail, costs, injunctions, news by sally

‘Justice Warby rules an anonymity order protecting a wealthy well-known defender who had a one-night stand despite having a long term partner and child should be lifted.’

Full story

Daily Telegraph, 25th March 2015

Source: www.telegraph.co.uk

Taunton street preacher convicted for homophobic sermon – BBC News

‘A Christian street preacher has been convicted of delivering homophobic sermons in the middle of a high street.’

Full story

BBC News, 23rd March 2015

Source: www.bbc.co.uk

Regina (Chaudhary) v Crown Court at Bristol and another – WLR Daily

Posted March 23rd, 2015 in costs, criminal procedure, judicial review, law reports by sally

Regina (Chaudhary) v Crown Court at Bristol and another [2015] EWHC 723 (Admin); [2015] WLR (D) 131

‘The legislative changes effected by the introduction of the Criminal Procedure Rules revoked the Crown Court Rules 1982 in so far as they related to an award of costs in criminal cases in the Crown Court. Accordingly, there was no power under rule 12 of the Crown Court Rules enabling the Crown Court to make an order for costs in relation to an application under section 59 of the Criminal Justice and Police Act 2001 for the return of items seized pursuant to a search warrant.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

High Court: Judges should do “broad justice” when attributing costs between cases – Litigation Futures

Posted March 23rd, 2015 in costs, negligence, news by sally

‘Judges should be content to do “broad justice” when making costs orders to avoid “complicated attempts” to attribute them between a number of cases, the High Court has ruled.’

Full story

Litigation Futures, 23rd March 2015

Source: www.litigationfutures.com

No evidence of regulatory risks from online divorce, research finds – Legal Futures

‘There is no evidence of online divorce leading to regulatory risks, joint research by the Legal Services Board (LSB) and Legal Services Consumer Panel has concluded.’

Full story

Legal Futures, 19th March 2015

Source: www.legalfutures.co.uk

Dalton and others v British Telecommunications plc – WLR Daily

Posted March 20th, 2015 in costs, fees, law reports, news, noise, personal injuries by sally

Dalton and others v British Telecommunications plc; [2015] EWHC 616 (QB); [2015] WLR (D) 125

‘The term “disease” in section V of the former CPR Pt 45 included any illness (whether physical or physiological), disorder, ailment, affliction, complaint, malady or derangement other than a physical or physiological injury solely caused by an accident or other similar single event.’

WLR Daily, 13th March 2015

Source: www.iclr.co.uk

Unlocking the Funds for Justice – Pro Bono Costs – Family Law Week

Posted March 19th, 2015 in costs, legal aid, litigants in person, news, pro bono work by sally

‘Cyrus Larizadeh, barrister of 4 Paper Buildings and Senate House Chambers, explains the costs issues which arise where an advocate, acting pro bono, represents a successful party in care and/or placement proceedings.’

Full story

Family Law Week, 16th March 2015

Source: www.familylawweek.co.uk

Burglar who sued prison for back injuries caught carrying stolen widescreen TV – Daily Telegraph

Posted March 19th, 2015 in compensation, costs, news, personal injuries, prisons, theft by sally

‘Judge rules HMP Manchester still has to pay Ryan Hough nearly £3,000 compensation for bunk bed fall despite burglar being caught taking TV in raid on fire-hit home.’

Full story

Daily Telegraph, 18th March 2015

Source: www.telegraph.co.uk

Personal injury Newsletter – Thirty Nine Essex Street

Posted March 19th, 2015 in asbestos, costs, damages, news, personal injuries, vicarious liability by sally

Personal Injury Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com