Senior Courts Costs Office Guide – the 2021 version is now available – Courts and Tribunals Judiciary

Posted January 25th, 2021 in codes of practice, costs, courts, reports by tracey

‘The latest version of the Senior Courts Costs Office Guide has been published.
This 2021 update hasn’t changed extensively from when it was last published in 2018, but reflects some fundamental changes in practice which occurred before COVID-19 and which have been increased as a result of it.’

Full guide

Courts and Tribunals Judiciary, 25th January 2021

Source: www.judiciary.uk

One day late acceptance of part 36 offer puts costs in play – Legal Futures

‘An automatic entitlement to costs under part 36 only arises if the offer is accepted within the “relevant period”, the High Court has ruled.’

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Legal Futures, 21st January 2021

Source: www.litigationfutures.com

Another SRA prosecution fails but regulator avoids costs order – Legal Futures

The Solicitors Regulation Authority (SRA) was justified in prosecuting two law firm partners even though all of the allegations were dismissed, a tribunal has ruled.

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Legal Futures, 21st January 2021

Source: www.legalfutures.co.uk

Trying to shoot the messenger – Nearly Legal

Posted January 19th, 2021 in abuse of process, barristers, costs, negligence, news, nuisance, repairs, striking out by sally

‘The name of Moorjani may be familiar. We first encountered Mr Moorjani in a judgment transforming the case law on loss of amenity damages in disrepair claims in the Court of Appeal. However, despite the transformation of the law, and the successful appeal, it turns out that for Mr Moorjani that litigation, and indeed his subsequent claim, were actually quite disastrous. We now know this because Mr Moorjani brought a claim against his direct access barrister who acted for him at the county court trial of the original claim. This is the judgment on the defendant’s strike out application in that claim.’

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Nearly Legal, 17th January 2021

Source: nearlylegal.co.uk

Court of Appeal rules on whether VAT is payable on top of caps on costs in Aarhus Convention claims – Local Government Lawyer

Posted January 14th, 2021 in airports, civil procedure rules, costs, news, statutory interpretation, treaties, VAT by tracey

‘The caps set out in the Civil Procedure Rules on the costs payable by losing parties in Aarhus Convention claims are inclusive of VAT, the Court of Appeal has ruled as part of the third Heathrow runway litigation.’

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Local Government Lawyer, 13th January 2021

Source: www.localgovernmentlawyer.co.uk

LEI does not have to fund appeals during “unmeritorious claims” – Litigation Futures

‘Legal expenses insurance (LEI) does not have to fund interlocutory appeals that are likely to succeed as part of claims that overall are predicted to fail, the High Court has ruled.’

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Litigation Futures, 5th January 2021

Source: www.litigationfutures.com

Court denies relief for costs default during first lockdown – Law Society’s Gazette

Posted January 5th, 2021 in coronavirus, costs, law firms, negligence, news, personal injuries, time limits by sally

‘A litigant in a personal injury claim has been penalised for not contesting a costs bill within the allotted time, despite his representatives pleading that their work was affected by the first lockdown.’

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Law Society's Gazette, 5th January 2021

Source: www.lawgazette.co.uk

Claimants in breast implant case buy cause of action to sue defendant’s lawyers – Litigation Futures

‘A leading defendant law firm and a QC have failed to strike out a professional negligence action brought after the claimants in a case they defended acquired their insolvent client’s cause of action.’

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Litigation Futures, 16th December 2020

Source: www.litigationfutures.com

Cost Budgets: Not Necessarily for Life, Maybe Just For Christmas – CPR Rule 3.15A – Becket Chambers

Posted December 7th, 2020 in chambers articles, civil procedure rules, costs, news by sally

‘The Covid-19 pandemic has dominated the legal landscape throughout 2020 with many changes being made to the way professionals work as well as the rules they are subject to. There have been many amendments and additions made to the Civil Procedure Rules as a result of the pandemic, however they are not the only such changes that have been made.’

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Becket Chambers, 3rd December 2020

Source: becket-chambers.co.uk

New Judgment: R (on the application of Gourlay) v Parole Board [2020] UKSC 50 – UKSC Blog

Posted December 7th, 2020 in appeals, costs, judicial review, news, parole, prisons, Supreme Court by sally

‘The Supreme Court has unanimously dismissed this appeal concerning the role of the Court in relation to the principles governing the award of costs in lower courts.’

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UKSC Blog, 4th December 2020

Source: ukscblog.com

Increase guideline hourly rates by 35% pending CJC review, judge says – Litigation Futures

Posted December 4th, 2020 in civil procedure rules, costs, fees, judges, news, solicitors by sally

‘The guideline hourly rates (GHR) should be increased to take account of inflation while they are being reviewed, meaning an increase of 35%, the High Court ruled this week.’

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Litigation Futures, 3rd December 2020

Source: www.litigationfutures.com

131: Deputyship Orders in the Court of Protection – Amelia Walker – Law Pod UK

Posted December 1st, 2020 in costs, Court of Protection, deputyship, news, podcasts, third parties by sally

‘Earlier this year Hilder J considered the question of whether a deputy can recover their costs from the protected person’s assets when they have instructed a legal firm with which they are associated. Amelia Walker discusses this judgment, which also outlines the limits of a deputy’s authority, with Rosalind English.’

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Law Pod UK, 30th November 2020

Source: audioboom.com

‘Lawyers aren’t a charity’: Family judge awards £60k incurred costs – Law Society’s Gazette

Posted November 30th, 2020 in children, costs, families, family courts, financial provision, news by sally

‘The High Court has awarded five-figure costs midway through family litigation and made the point that the lawyers involved should not be expected to wait for payment.’

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Law Society's Gazette, 27th November 2020

Source: www.lawgazette.co.uk

Mirchandani v Lord Chancellor [2020] EWCA Civ 1260 – CrimeCast.Law

‘The case was concerned with a private prosecution for fraud offences, which had ultimately resulted in a £20 million confiscation order and £17 million compensation orders. The private prosecutor’s unsuccessful submissions against a third party in proceedings to enforce the confiscation order had led to the unusual spectacle of the Lord Chancellor intervening and persuading a High Court judge to reverse her decision on a jurisdictional question and set aside the order she had previously made. It prompted the Court of Appeal (Civil Division) to conduct a comprehensive review of the primary and secondary legislation and the authorities on private prosecutions, confiscation, costs and the sometimes blurred lines between criminal and civil proceedings.’

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CrimeCast.Law, 24th November 2020

Source: crimecast.law

A Costly Lesson? A discussion of the decision in Belsner v Cam Legal Services Limited [2020] EWHC 2755 (QB) – Parklane Plowden Chambers

‘Lavender J has held that solicitors cannot rely upon CPR 46.9(2) to recover more from a client than could have been recovered between parties in the proceedings, unless they can show that the client provided informed consent. The decision potentially has far-reaching consequences for the use of conditional fee agreements (“CFAs”).’

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Parklane Plowden Chambers, 20th November 2020

Source: www.parklaneplowden.co.uk

Harry Dunn’s family lose High Court battle against Foreign Office – Daily Telegraph

Posted November 24th, 2020 in costs, costs capping orders, dangerous driving, diplomats, immunity, news, treaties by sally

‘Harry Dunn’s parents have lost their High Court battle against the Foreign Office over whether their son’s alleged killer had diplomatic immunity.’

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Daily Telegraph, 24th November 2020

Source: www.telegraph.co.uk

Private prosecutor bringing High Court enforcement proceedings can claim costs from central funds (Mirchandani v Chancellor) – 5SAH

Posted November 19th, 2020 in confiscation, costs, enforcement, news, proceeds of crime, third parties by sally

‘The court held that a private prosecutor was entitled to recover their costs from central funds in relation to a High Court application for enforcement of a confiscation order. Such proceedings are “in respect of an indictable offence” for the purposes of section 17 of the Prosecution of Offences Act 1985 (POA 1985). The court also held that, where the private prosecutor, in the same proceedings, had been ordered to pay the costs of a third party (having unsuccessfully asserted that the third party had been in receipt of a tainted gift), then those costs were also recoverable from central funds. While the confiscation proceedings in question had arisen under the Criminal Justice Act 1988 (CJA 1988), the court held that the same principles would apply under the Proceeds of Crime Act 2002 (POCA 2002).’

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5SAH, 13th November 2020

Source: www.5sah.co.uk

CA: Judge was wrong not to order all of part 36 enhanced awards – Litigation Futures

Posted November 18th, 2020 in appeals, costs, indemnities, interest, news, part 36 offers, telecommunications by sally

‘Making one of the four enhanced awards of beating a part 36 offer does not “in any way” undermine or lessen entitlement to the others, the Court of Appeal has ruled.’

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Litigation Futures, 18th November 2020

Source: www.litigationfutures.com

High Court overturns “flawed” SDT decision to clear solicitor – Legal Futures

Posted November 17th, 2020 in costs, fraud, news, solicitors, Solicitors Regulation Authority, tribunals by sally

‘The Solicitors Disciplinary Tribunal (SDT) “fell into serious error” in finding no case to answer against a solicitor accused of making a fraudulent costs claim, the High Court has ruled.’

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Legal Futures, 17th November 2020

Source: www.legalfutures.co.uk

Costs and proceedings – Law Society’s Gazette

‘Recent changes to the Family Procedure Rules (FPR) 2010 and views expressed from the bench mean that there has been an increased emphasis upon parties making open offers and seeking to narrow the issues in financial remedy proceedings. Not since the long-lamented demise of Calderbank letters have there been so many cases with clear warnings about costs.’

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Law Society's Gazette, 16th November 2020

Source: www.lawgazette.co.uk