‘The House of Lords yesterday reinstated two of the three amendments it previously passed on the government’s judicial review reforms as it emerged that Lord Chancellor Chris Grayling had given MPs incorrect information over a key aspect of them last week.’
Litigation Futures, 10th December 2014
Source: www.litigationfutures.com
‘On 30 June 2014 judgment was handed down by Mrs Justice Rose in Swynson Limited v Lowick Rose LLP (in liquidation) [2014] EWHC 2085 (Ch). Rose J held that the Defendant, a firm of accountants, were liable but found that they owed no duty of care to the individual investor who had provided finance for a management buy-out. She awarded damages up to the liability cap of £15million inclusive of interest and costs, on the basis that the liability cap set out in the engagement letter reflected the commercial agreement reached by the parties.’
RPC Professional and Financial Risks Blog, 4th December 2014
Source: www.rpc.co.uk
‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during November.’
Family Law Week, 5th December 2014
Source: www.familylawweek.co.uk
‘A judge has taken the unusual step of removing most case documents from court and giving partners a final ultimatum to settle their separation dispute.’
Law Society’s Gazette,
Source: www.lawgazette.co.uk
‘Where a case fell within article 9(3) of the Aarhus Convention but was not a claim for judicial review and therefore not an “Aarhus Convention claim” within CPR r 45.41 it would be inappropriate for the court to relax the usual principles applying to the making of protective costs orders by nevertheless applying the costs protection regime introduced by rule 45.41.’
WLR Daily, 27th November 2014
Source: www.iclr.co.uk
Costs, Confusion and Compromise (PDF)
Keynote Address of Mr Justice Foskett
Professional Negligence Lawyers’ Association Annual Conference, 4th December 2014
Source: www.judiciary.gov.uk
‘A judge has sharply criticised the delay and expense of proceedings in the Court of Protection, describing the relevant procedural rules as “inadequate”.’
Local Government Lawyer, 2nd December 2014
Source: www.localgovernmentlawyer.co.uk
‘Back to Aarhus and the constant problem we have in the UK making sure that the cost of planning and environmental litigation is not prohibitively expensive.’
UK Human Rights Blog, 1st December 2014
Source: www.ukhumanrightsblog.com
‘Andrew Mitchell, the Tory MP and former cabinet minister at the centre of the Plebgate row lost his high court libel trial on Thursday in a ruling which sees him facing a legal bill of millions of pounds and leaves his political career in tatters.’
The Guardian, 27th November 2014
Source: www.guardian.co.uk
‘The judgment of Mr Justice Hickinbottom in Clarke v McDaniel & Co (15 October 2014, unreported) provided a salutary reminder to litigation solicitors of the need to ensure that in their initial discussion with a potential client they advise and explore with the client other sources of funding litigation.’
Hardwicke Chambers, 17th November 2014
Source: www.hardwicke.co.uk
‘Qualified one-way costs shifting (QOCS) does not apply on appeal if it did not apply at first instance, Master Haworth has ruled in the Senior Court Costs Office.’
Litigation Futures, 24th November 2014
Source: www.litigationfutures.com
‘At a time when the UK’s membership of the European Convention of Human Rights (“ECHR”) and our domestic Human Rights Act 1998 (“HRA”) is a hot political topic, it is timely that the Employment Appeal Tribunal (“EAT”) has handed down a judgment considering Article 6 ECHR in relation to special time limit provisions for discrimination complaints brought by those in the Armed Forces: Duncan v Ministry of Defence.’
Cloisters, 23rd October 2014
Source: www.cloisters.com
‘The High Court has refused to make a costs-capping order in a case against Google because the case was so close to trial and so much had already been spent at a level which made detailed assessment inevitable.’
Litigation Futures, 18th November 2014
Source: www.litigationfutures.com
‘Richard Harrison argues that the present structure of case and costs management is misconceived.’
New Law Journal, 12th November 2014
Source: www.newlawjournal.co.uk
‘Claims involving multiple defendants are often complex in terms of the facts, the law and the expert medical evidence. They are claims that we all have some experience of, and the issues involved have no doubt troubled us all to a greater or lesser degree at times.’
Cloisters, 3rd October 2014
Source: www.cloisters.com
‘When the court comes to consider costs and to exercise its discretion under Civil Procedure Rule 44.2, it has regard to all the circumstances, including the conduct of the parties before as well as during the proceedings (CPR 44.2 (4) and (5)).’
Law Society’s Gazette, 17th November 2014
Source: www.lawgazette.co.uk
‘Married couples spend £500,000 on venomous neighbours’ dispute about “thin strip” of drainage ditch alongside path dividing Cheshire country homes.’
Daily Telegraph, 17th November 2014
Source: www.telegraph.co.uk
‘In his monthly column, James Bickford Smith considers the effects and scope of the recent decision in Excalibur Ventures LLC v Texas Keystone Inc and others (Rev 2) [2014] EWHC 3436 (Comm) to make litigation funders liable for third party costs orders.’
Littleton Chambers, 11th November 2014
Source: www.littletonchambers.com
‘Anne Smallwood, family law barrister at No5 Chambers, recently gave a talk titled ‘Section 22 Z A – Getting Paid And M.P.S’ at the Family Money Talks Seminar 2014.’
No. 5 Chambers, 16th October 2014
Source: www.no5.com
‘The Daily Mail faces a potential legal bill that could be as high as £3m, believed to be among the highest since controversial no-win, no-fee agreements were introduced, after libelling a businessman.’
The Guardian, 14th November 2014
Source: www.guardian.co.uk
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