The costs of rectification – Law Society’s Gazette

‘This case continues to generate interesting discussion in the Supreme Court – this time on the issue of costs.’

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Law Society’s Gazette, 6th October 2014

Source: www.lawgazette.co.uk

High Court attacks “unreasonable and opportunistic” defendants in relief from sanctions ruling – Litigation Futures

Posted October 6th, 2014 in appeals, costs, delay, disciplinary procedures, documents, fees, news, solicitors by sally

‘The High Court has overturned a cost judge’s refusal to grant relief from sanctions that prevented claimant lawyers from recovering their success fees, and instead accused the defendants of “unreasonable and opportunistic” conduct.’

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Litigation Futures, 6th October 2014

Source: www.litigationfutures.com

Relief from sanctions- Some further guidance – Zenith PI Blog

Posted October 6th, 2014 in appeals, costs, delay, disciplinary procedures, documents, news by sally

‘How should we approach applications for relief from sanctions made by the other side? Elliot Kay considers a recent and useful decision of the High Court.’

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Zenith PI Blog, 6th October 2014

Source: www.zenithpi.wordpress.com

Multi-millionaire mathematician faces an ‘astronomical’ £19m legal bill – Daily Telegraph

Posted October 3rd, 2014 in costs, divorce, hedge funds, news by tracey

‘A multi-millionaire mathematician turned hedge fund boss faces an “astronomical” £19 million pound legal bill after losing the latest round of a bitter and costly court battle with his estranged wife.’

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Daily Telegraph, 2nd October 2014

Source: www.telegraph.co.uk

Asbestos victims win damages ruling – BBC News

Posted October 3rd, 2014 in asbestos, costs, damages, industrial injuries, insurance, news, personal injuries by tracey

‘Government plans to deduct legal fees from the damages paid to people dying from asbestos exposure are unlawful, the High Court has ruled.’

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BBC News, 2nd October 2014

Source: www.bbc.co.uk

Pro bono costs orders post-LASPO – Legal Voice

Posted October 2nd, 2014 in costs, news, pro bono work by tracey

‘As the legal profession continues to adjust to the austerity-driven reality of life after LASPO, there has been considerable discussion of how to ensure effective access to justice for the people who fall through the ever-widening holes in the safety net of legal aid.’

Full story

Legal Voice, 1st October 2014

Source: www.legalvoice.org.uk

Jackson urges action to extend fixed costs regime – Litigation Futures

Posted October 2nd, 2014 in budgets, costs, judges, news, speeches by tracey

‘Lord Justice Jackson has urged the government to press ahead with introducing fixed costs in non-personal injury fast-track cases, and for work to begin on fixed costs for matters at the lower end of the multi-track.’

Full story

Litigation Futures, 2nd October 2014

Source: www.litigationfutures.com

Master Gordon-Saker condemns lack of costs training for judges – Litigation Futures

Posted October 2nd, 2014 in budgets, continuing professional development, costs, judges, judiciary, news, speeches by tracey

‘Master Gordon-Saker, who replaced Peter Hurst as Senior Costs Judge yesterday, has used his first public speech in the role to launch a strongly-worded attack on the lack of training for judges in costs budgeting.’

Full story

Litigation Futures, 2nd October 2014

Source: www.litigationfutures.com

Marley v Rawlings (No 2) – WLR Daily

Posted October 2nd, 2014 in appeals, costs, fees, law reports, mistake, rectification, solicitors, Supreme Court, wills by tracey

Marley v Rawlings (No 2); [2014] UKSC 51; [2014] WLR (D) 402

‘Where a mistake made by a solicitor in the execution of a will required its validity to be determined in litigation, funded in the High Court and the Court of Appeal on a traditional basis and in the Supreme Court under contingency fee agreements, the proper order for costs in the High Court and the Court of Appeal was that the solicitor’s insurers should pay the costs of both the successful claimant and the unsuccessful defendants, thereby short-circuiting the approach that, on a reasonable, but unsuccessful, challenge to the validity of a will, the costs should be borne by the estate.’

WLR Daily, 18th September 2014

Source: www.iclr.co.uk

Speech by Lord Justice Jackson: Costs Law and Practice Conference – Judiciary of England and Wales

Posted October 1st, 2014 in civil justice, costs, patents, personal injuries, speeches by tracey

‘Keynote speech by Lord Justice Jackson at the Costs Law And Practice Conference on 30th September 2014.’

Full speech

Judiciary of England and Wales, 30th September 2014

Source: www.judiciary.gov.uk

Treasury ordered to pay £142,000 to ‘whistleblower’ former civil servant – The Guardian

‘The Treasury has been ordered to pay £142,000 to a former senior civil servant after refusing to carry out a previous tribunal’s ruling that he should be found another job.’

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The Guardian, 29th September 2014

Source: www.guardian.co.uk

Part 36: All change please – Hardwicke Chambers

Posted September 24th, 2014 in appeals, civil procedure rules, costs, indemnities, news by sally

‘Just when you thought you had got to grips with the updated Part 36 rules and post Jackson benefits, the Civil Procedure Rule Committee announced it was considering reforms to Part 36.’

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Hardwicke Chambers, 15th September 2014

Source: www.hardwicke.co.uk

Spousal Maintenance: How appealing is an appeal? Appeal Cost consequences explored – Zenith Chambers

Posted September 24th, 2014 in appeals, costs, families, married persons, news by sally

‘In H v W [2014] EWHC 2846 (Fam) Eleanor King J revisited the issue of costs.’

Full story (PDF)

Zenith Chambers, 22nd September 2014

Source: www.zenithchambers.co.uk

Developments in fundamental dishonesty – Hardwicke Chambers

Posted September 24th, 2014 in bills, costs, criminal justice, damages, medical treatment, news, personal injuries by sally

‘Personal injury practitioners will be aware of the significance of a finding of fundamental dishonesty in the context of Qualified One-Way Costs Shifting (“QoCs”) following the implementation of the Jackson reforms. In addition to this those words could soon take on a new significance in the context of a defendant’s liability to a claimant and consequent costs orders in personal injury claims.’

Full story

Hardwicke Chambers, 15th September 2014

Source: www.hardwicke.co.uk

Proposed Legislative Changes To Judicial Review: The Current Position – No. 5 Chambers

Posted September 24th, 2014 in bills, costs, criminal justice, human rights, judicial review, news, public interest by sally

‘The Criminal Justice and Courts Bill, which introduces significant changes to judicial review, is making rapid progress through Parliament. The House of Lords Committee stage completed on 30 July 2014 and all that remains now is the House of Lords report stage due at the end of October, with royal assent expected by the end of the year. Whilst there are indications that certain members of the Lords disagree with some of the provisions and some may yet be amended or frustrated, the current version of the Bill retains the significant provisions on judicial review.’

Full story

No. 5 Chambers, 18th September 2014

Source: www.no5.com

Bar Council publishes third representational annual report – The Bar Council

Posted September 22nd, 2014 in advocacy, barristers, budgets, costs, diversity, equality, fees, legal aid, news, reports by sally

‘The Bar Council, which represents barristers in England and Wales, has today published the third edition of its annual report, ‘Representing the Bar’, which focuses on the organisation’s representational activities and performance against key strategic aims for 2013-14.’

Full story

The Bar Council, 19th September 2014

Source: www.barcouncil.org.uk

Supreme Court forces barristers to waive success fees – Litigation Futures

Posted September 22nd, 2014 in appeals, barristers, costs, fees, news, solicitors, Supreme Court, wills by sally

‘The president of the Supreme Court has taken the “fairly remarkable” course of forcing two barristers into dropping their claims to success fees in a case which he said again highlighted the “many unsatisfactory aspects” of the pre-Jackson CFA regime.’

Full story

Litigation Futures, 18th September 2014

Source: www.litigationfutures.com

Insurer to bear costs of mirror wills mix-up – Law Society’s Gazette

Posted September 19th, 2014 in appeals, costs, insurance, mistake, news, rectification, solicitors, Supreme Court, wills by tracey

‘The Supreme Court today ordered a solicitor’s insurer to pay the bulk of both parties’ costs over a wills dispute arising when a married couple each signed the wrong draft of a will.’

Full story

Law Society’s Gazette, 18th September 2014

Source: www.lawgazette.co.uk

Bar Council report claims LASPO 2012 damages access to justice – The Bar Council

Posted September 18th, 2014 in barristers, civil justice, costs, delay, family courts, legal aid, litigants in person, reports by tracey

‘The Bar Council has today published a report, based on interviews and a survey of legal practitioners, assessing the impact of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012 on our system of justice a year after implementation in April 2013.’

Full report

The Bar Council, 18th September 2014

Source: www.barcouncil.org.uk

EastEnders star Steve McFadden settles News of the World damages claim – The Guardian

Posted September 16th, 2014 in corruption, costs, damages, interception, media, news, police, telecommunications by tracey

‘Steve McFadden, the actor who plays Phil Mitchell in EastEnders, has settled his damages claim against the News of the World and the police over hacking and leaks about his private life to the paper.’

Full story

The Guardian, 16th September 2014

Source: www.guardian.co.uk