‘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.’
Law Society’s Gazette, 18th September 2014
Source: www.lawgazette.co.uk
‘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.’
The Guardian, 16th September 2014
Source: www.guardian.co.uk
‘The Jackson reforms were not intended to give appeal courts the ad hoc power to introduce one-way costs shifting, their architect has ruled. Lord Justice Jackson said he wanted to clarify the purpose of rule 52.9A – introduced on 1 April 2013 – so as to prevent further applications along the same lines.’
Litigation Futures, 16th September 2014
Source: www.litigationfutures.com
‘A former legal director of Times Newspapers Ltd was guilty of “recklessly” rather than “knowingly” misleading the court in relation to litigation over revelations about the “NightJack” blogger, the High Court has ruled.’
Law Society’s Gazette, 12th September 2014
Source: www.lawgazette.co.uk
‘Lawyers who mislead the court will end up with “exemplary and deterrent” punishments, the Lord Chief Justice has warned.’
Legalfutures, 12th September 2014
Source: www.legalfutures.co.uk
‘The qualified one-way costs shifting provisions under CPR 44.13 and 44.14 were not ultra vires the general discretion of the court on the ordering of costs under section 51(1) of the Senior Courts Act 1981, and although applying to claims for damages for personal injuries brought by a claimant against a defendant, they did not apply to claims for an indemnity or contribution brought by such a defendant against a third party.’
WLR Daily, 31st July 2014
Source: www.iclr.co.uk
‘A paralegal who took sensitive information from his employer when moving to a rival law firm was convicted of a criminal offence under the Data Protection Act this week.’
Legal Futures, 11th September 2014
Source: www.legalfutures.co.uk
‘Judge Anthony Morris QC had urged prosecutors to pull the sex assault case before the trial had even begun because of lack of evidence.’
Daily Telegraph, 8th September 2014
Source: www.telegraph.co.uk
‘This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:
How judges apply the burden of proof s136(2)(3) EA 2010.
What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board [2012] ICR 1054, SC.
What role does knowledge of the protected characteristic now play in light of IPC Media Ltd v Millar [2013] IRLR 707.’
Cloisters, 29th August 2014
Source: www.cloisters.com
‘Increasingly, nowadays, solicitors find themselves acting in personal injuries claims for people who may lack mental capacity. This may or may not be the result of the injuries that they have suffered. Unquestionably, the fact that persons may be at one stage fully capable of conducting litigation and at another stage not presents real difficulties for a solicitor. We have seen recently a settlement set aside because the Claimant, who did not have a Litigation Friend, but did not have capacity could not settle the claim. See the recent local case of Dunhill v Burgin in the Supreme Court, [2014] 1WLR 933. So solicitors face a potentially disastrous situation.’
Zenith PI Blog, 29th August 2014
Source: www.zenithpi.wordpress.com
‘Public funding is not generally available for litigants in private-law children cases, and no expert can now be instructed in such a case unless the court is satisfied, in accordance with section 13(6) of the Children and Families Act 2014, that the expert is “necessary” to assist the court to resolve the proceedings “justly”.’
UK Human Rights Blog, 31st August 2014
Source: www.ukhumanrightsblog.com
The High Court is at odds over the relationship between budgeting and indemnity costs, after one judge expressly disagreed with the view of another that the costs management order (CMO) should also be the starting point for an assessment of indemnity costs.
Litigation Futures, 1st September 2014
Source: www.litigationfutures.com
‘For most parties that enter into litigation (save for those on CFAs and some who are legally aided) a win isn’t really a win unless the other side is also ordered to pay your costs. I say most, because certain litigants enter into litigation knowing that come what May their costs will be paid on the indemnity basis. They have the foresight (or more accurately the power) to draft contracts which provide that, in the event of litigation, the other side (often a borrower or a long leaseholder) will indemnify them for all their legal costs irrespective of whether they win or lose.’
NearlyLegal, 31st August 2014
Source: www.nearlylegal.co.uk
‘Rebekah Brooks and her co-defendants in the phone-hacking trial are looking to recoup between £20m and £25m in legal fees from the tax payer following their acquittal of all charges.’
The Guardian, 26th August 2014
Source: www.guardian.co.uk
‘The High Court this week granted libel specialists Carter-Ruck relief from sanctions after an assistant solicitor “misread” the Civil Procedure Rules and was almost four months late in sending out a funding notice.’
Litigation Futures, 22nd August 2014
Source: www.litigationfutures.com
‘Barrett v Robinson [2014] UKUT 322 (LC) is very, very important decision on costs from the Upper Tribunal (Lands Chamber).’
NearlyLegal, 21st August 2014
Source: www.nearlylegal.co.uk/blog/
‘The Forum of Complex Injury Lawyers (FOCIS) has hit back after a report for the Civil Procedure Rule Committee (CPRC) recommended that part 36 should be reformed, partly to discourage claimant lawyers from making “cynical” offers.’
Litigation Futures, 20th August 2014
Source: www.litigationfutures.com
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