‘Public authority decisions are, of course, open to judicial review. However, such decisions are fundamentally the domain of the relevant decision-maker and not the court. The court’s sole function (in appropriate cases) is to review the substantive and procedural lawfulness of the decision in question but not its intrinsic merits.’
Law Society’s Gazette, 2nd February 2015
Source: www.lawgazette.co.uk
‘The High Court has rejected a non-compliant claimant’s plea to set aside a trial date but stopped short of effectively ending the claim altogether.’
Law Society’s Gazette, 30th January 2015
Source: www.lawgazette.co.uk
‘The high cost of welfare cases in the Court of Protection is “a matter of serious concern” and – alongside the lengthy duration of such proceedings – requires urgent investigation, researchers at Cardiff University have said.’
Local Government Lawyer, 3rd February 2015
Source: www.localgovernmentlawyer.co.uk
‘Topshop has been ordered to pay pop star Rihanna’s legal costs following their multi-million pound battle over a T-shirt. The high-street store lost the dispute when both the High Court and Court of Appeal declared Topshop had used her image unlawfully on a “tank” sleeveless T-shirt sold to thousands of fans.’
Daily Telegraph, 3rd February 2015
Source: www.telegraph.co.uk
‘The successful party in a civil court case is not entitled to recover the cost of any ‘after the event’ (ATE) legal expenses insurance premium from an unsuccessful opponent, no mater how “reasonable” it was to have taken out the policy in the first place, the UK’s highest court has ruled.’
OUT-LAW.com, 30th January 2015
Source: www.out-law.com
‘Appeal judges have ruled that solicitors cannot recover their costs where conditional fee agreements (CFAs) fail to comply with the cancellation of contracts regulations, with a potential impact on a significant number of cases.’
Litigation Futures, 2nd February 2015
Source: www.litigationfutures.com
‘The Court (Burnett LJ giving the sole judgment) has ruled on whether the statutory changes made to the ability of acquitted defendants in the Crown Court to recover their costs from central funds are compatible with the ECHR.’
UK Human Rights Blog, 28th January 2015
Source: www.ukhumanrightsblog.com
‘The judgment in SR v RS demonstrates that parties cannot, in the face of reasonable offers to settle, continue to litigate matters indefinitely without the spectre of cost sanctions.’
Halsbury’s Law Exchange, 27th January 2015
Source: www.halsburyslawexchange.co.uk
‘A claimant’s failure to update his budget in advance of an unplanned preliminary hearing has led a High Court judge to rule that “every assumption” would be made against him in assessing the costs.’
Litigation Futures, 28th January 2015
Source: www.litigationfutures.com
‘Sir Brian Leveson, The President of the Queen’s Bench Division publishes his review into efficiency in criminal proceedings today (Friday) with a wide ranging set of recommendations. He was asked by the Lord Chief Justice, Lord Thomas to find ways to make criminal justice more efficient and streamlined.’
Judiciary of England and Wales, 23rd January 2015
Source: www.judiciary.gov.uk
‘The Financial Remedies Working Group (“the group”) was established by the President of the Family Division in June 2014. It has been chaired by Nicholas Mostyn J and Stephen Cobb J.
The group produced an interim report on 31 July 2014, making a number of recommendations. This final report should be read in conjunction with that interim report.’
Judiciary of England and Wales, 28th January 2015
Source: www.judiciary.gov.uk
‘Mr Justice Mann rules that settlements reached in first claims for damages against News of the World publisher barred new actions from former TV personalities.’
The Guardian, 27th January 2015
Source: www.guardian.co.uk
‘A High Court judge has found Companies House liable for the demise of Taylor & Sons Ltd, after they mistakenly recorded that it had been wound up.’
Daily Telegraph, 27th January 2015
Source: www.telegraph.co.uk
‘The words “contract of service” in section 2(1) of the Employers’ Liability (Compulsory Insurance) Act 1969 Act were not to be given a construction broader than their usual meaning. It followed that the claimants, as members of the armed forces, were not “employees” for the purposes of section 2(1) the 1969 Act and the fixed success fee regime for employer’s liability claims, as set out in Section IV of CPR Pt 45 (pre 1 April 2013), did not apply to their claims against the defendant ministry.’
WLR Daily, 20th January 2015
Source: www.iclr.co.uk
‘FOCUS: Proposed changes to the workings of the Competition Appeals Tribunal (CAT) will make it more likely that competition law is enforced and will give some smaller companies a boost in pursuing competition claims.’
OUT-LAW.com, 23rd January 2015
Source: www.out-law.com
‘A butcher has been fined £3,000 after a teenage apprentice’s hand was chopped off in a mincing machine.’
BBC News, 21st January 2015
Source: www.bbc.co.uk
‘Michelle Dodd convicted after Stockport magistrates hear of her long-standing dispute with neighbour over ‘noisy’ children playing outside on trampoline.’
Daily Telegraph, 21st January 2015
Source: www.telegraph.co.uk
‘Judge says it is ‘hard to imagine a more depressing and inexcusable’ case than that of the WWII veteran taken from his home against his wishes by Essex council.’
Daily Telegraph, 21st January 2015
Source: www.telegraph.co.uk
‘Legal fees for personal injury cases worth up to £100,000 fell by 65% in 2013, with an overall reduction of 14% in the cost of third-party injury claims, the Institute and Faculty of Actuaries has reported.’
Litigation Futures, 19th January 2015
Source: www.litigationfutures.com
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