Local authority wins appeal over costs order made in private family law proceedings – Local Government Lawyer

Posted July 8th, 2022 in appeals, costs, families, family courts, local government, news, third parties by sally

‘A judge allowed an “impermissible device” designed to provide a public source of funding for the parties’ legal costs in private family law proceedings, the Family Court has ruled.’

Full Story

Local Government Lawyer, 7th July 2022

Source: www.localgovernmentlawyer.co.uk

Firm ordered to pay wasted costs over lack of authority to act – Legal Futures

‘A law firm has been ordered to pay wasted costs of £7,920 for not satisfying itself that the director of a company in deadlock with the other director had the authority to give it instructions.’

Full Story

Legal Futures, 5th July 2022

Source: www.legalfutures.co.uk

Law firm overturns costs bill misconduct ruling – Legal Futures

‘The rules on misconduct in the CPR do not apply to solicitor/client costs assessments, the High Court has decided in overturning a finding against a Manchester law firm.’

Full Story

Legal Futures, 4th July 2022

Source: www.legalfutures.co.uk

Civil Justice Council kicks off ‘holistic’ review of costs – Law Society’s Gazette

Posted July 4th, 2022 in civil justice, consultations, costs, news by tracey

‘The Civil Justice Council has set in motion a possible shake-up of the civil costs regime with the start of a wide-ranging consultation. The judicial-led group will look at the key areas of costs budgeting, guideline hourly rates, the impact of digitisation and portals, and the consequences of the extension of fixed recoverable costs.’

Full Story

Law Society's Gazette, 1st July 2022

Source: www.lawgazette.co.uk

CJC begins process for major reform of costs regime – Legal Futures

Posted July 1st, 2022 in civil justice, consultations, costs, news by tracey

‘A rethought costs system that puts digitisation, vulnerable court users and a properly functioning civil justice system at its heart is the goal of a Civil Justice Council (CJC) working party, which yesterday began consulting on four key areas for possible reform.’

Full Story

Legal Futures, 1st July 2022

Source: www.legalfutures.co.uk

Court rejects claim that instructions of counsel create conflict – Law Society’s Gazette

Posted June 27th, 2022 in barristers, costs, judicial review, law firms, news, professional conduct, pupillage by tracey

‘A costs judge has rejected calls for claimant lawyers to be punished for alleged conflict in the way counsel was instructed to handle a case.’

Full Story

Law Society's Gazette, 24th June 2022

Source: www.lawgazette.co.uk

‘I wouldn’t have the money to pay a lawyer’: tenants left without means to sue rogue landlords – The Guardian

‘Poor and vulnerable tenants who are evicted from their homes or living in dangerous conditions will lose the chance to take their landlords to court when new government rules on legal costs come into force next year, experts are warning.’

Full Story

The Guardian, 26th June 2022

Source: www.theguardian.com

Not incidental enough – Nearly Legal

Posted June 24th, 2022 in appeals, costs, housing, landlord & tenant, leases, news, service charges by tracey

‘Mayor and Burgesses of the London Borough of Tower Hamlets v Khan (2022) EWCA Civ 831. A Court of Appeal judgment on whether a freeholder, LB Tower Hamlets, was entitled to contractual legal costs under the lease, following a money claim for unpaid service charges.’

Full Story

Nearly Legal, 21st June 2022

Source: nearlylegal.co.uk

High Court: No case justifies only using grade A fee-earners – Legal Futures

Posted June 16th, 2022 in costs, fees, news, solicitors by sally

‘A High Court judge said yesterday that he has never come across a case where some of the work could not be delegated to a more junior fee-earner.’

Full Story

Legal Futures, 16th June 2022

Source: www.legalfutures.co.uk

New Judgment: Competition and Markets Authority v Flynn Pharma Ltd and another, and Competition and Markets Authority v Pfizer Inc and another [2022] UKSC 14 – UKSC Blog

Posted May 27th, 2022 in appeals, competition, costs, news, ombudsmen, Supreme Court by sally

‘The Respondent is a public body tasked with investigating companies suspected of breaching competition law and penalising those found to have done so. The Appellants are both pharmaceutical companies fined by the CMA and both appealed to the Competition Appeal Tribunal (CAT) challenging the CMA’s decision. The CAT allowed the appeals in part, set aside part of the CMA’s decision, and remitted the case to the CMA for reconsideration.’

Full Story

UKSC Blog, 25th May 2022

Source: ukscblog.com

Supreme Court maintains SRA costs protection for failed prosecutions – Legal Futures

‘The Supreme Court has upheld the principle that costs should only be awarded against the Solicitors Regulation Authority (SRA) in unsuccessful prosecutions where there is good reason to do so.’

Full Story

Legal Futures, 26th May 2022

Source: www.legalfutures.co.uk

Alerter by Arnold Ayoo – Costs of an Interim Injunction Where a Defendant Consents to Relief – Henderson Chambers

Posted May 20th, 2022 in chambers articles, costs, injunctions, news by sally

‘In Clayton Recruitment Limited v Wilson & Anor [2022] EWHC 1054 (Ch), the Claimant obtained a costs order after compromising an application for injunctive relief in the Chancery Division against a Defendant.’

Full Story

Henderson Chambers, 11th May 2022

Source: www.hendersonchambers.co.uk

Landlord loses court battle with local authority over costs agreement reached by his counsel – Local Government Lawyer

‘A cost agreement cannot be undone simply because one party claimed to have stopped instructing the barrister concerned.’

Full Story

Local Government Lawyer, 19th May 2022

Source: www.localgovernmentlawyer.co.uk

A judge has discretion to grant relief from sanctions without a formal application or any application at all, Court of Appeal reaffirms- Farrar’s Building

‘In Park v Hadi and Another [2022] EWCA Civ 581, the Court of Appeal (Holroyde, Stuart-Smith and Warby LJJ), reaffirmed the principle that a judge may, of her own discretion, grant relief from sanctions without formal notice or without any application at all. The Court went on to issue guidance as to how this judicial discretion ought to be exercised, observing that a judge should always act in accordance with the overriding objective and will likely only exercise her discretion to grant relief sparingly.’

Full Story

Farrar's Building, 5th May 2022

Source: www.farrarsbuilding.co.uk

Revision and variation of costs budgets on account of significant developments: Consequences of failing to obtain the court’s approval – Guildhall Chambers

Posted May 19th, 2022 in budgets, civil procedure rules, costs, news by sally

‘Once a Costs Management Order (“CMO”) has been made, parties are required to revise costs budgets if significant developments in the litigation warrant such revisions. If the revised costs budgets are not agreed, the Court’s approval of the variations must be sought by the revising party. The requirements for revisions to costs budgets and approval by the Court were in 3PD Paragraph 7.6 and, following amendments in 2020, are now in CPR 3.15A under the heading “Revision and variation of costs budgets on account of significant developments (‘variation costs’)”.’

Full Story

Guildhall Chambers, 2nd May 2022

Source: www.guildhallchambers.co.uk

Equalising goal: Law Society proposes SLAPP curbs – Law Society’s Gazette

Posted May 19th, 2022 in costs, freedom of expression, Law Society, news, public interest by sally

‘The Law Society has today echoed calls for a clampdown on so-called “lawfare”, but warned of “unintended consequences” if reforms are not properly thought through.’

Full Story

Law Society's Gazette, 19th May 2022

Source: www.lawgazette.co.uk

Costs in Contempt Proceedings – Francis Taylor Building

Posted May 18th, 2022 in appeals, chambers articles, costs, injunctions, news, trespass by sally

‘The Court of Appeal has handed down judgment in The Secretary of State for Transport and High Speed 2 Ltd v Cuciurean [2022] EWCA Civ 661 (link), an appeal against a costs order made against Mr Cuciurean after his committal for contempt for breaching an anti-trespass injunction. The breaches arose in the context of Mr Cuciurean’s opposition to and desire to protest against the HS2 project.’

Full Story

Francis Taylor Building, 16th May 2022

Source: www.ftbchambers.co.uk

Judge blasts ‘wasteful’ lawyers who filed 6,000-page bundles – Law Society’s Gazette

Posted May 16th, 2022 in costs, judges, law firms, news, solicitors by tracey

‘A High Court judge has issued a stern rebuke to lawyers who ran up massive costs and lumbered the court with voluminous bundles.’

Full Story

Law Society's Gazette, 16th May 2022

Source: www.lawgazette.co.uk

Home secretary Priti Patel overrode legal advice in asylum cases, adding to record costs – The Independent

‘Priti Patel has repeatedly overridden Home Office legal advice on immigration and asylum cases, adding to record costs for the taxpayer, The Independent can reveal.’

Full Story

The Independent, 15th May 2022

Source: www.independent.co.uk

Solicitors lose appeal over £2m invoice charged through DBA – Law Society’s Gazette

Posted May 13th, 2022 in appeals, costs, damages, insolvency, law firms, news, solicitors by tracey

‘The Court of Appeal has dismissed an attempt by solicitors to secure a £2m payment from an insolvent client for work carried out on a damages based agreement.’

Full Story

Law Society's Gazette, 12th May 2022

Source: www.lawgazette.co.uk