costs – Page 83 – Current Awareness

The risks – and costs – of choosing not to mediate – Hardwicke Chambers

Posted August 7th, 2014 in costs, dispute resolution, news by sally

‘Mediation is a flexible, and generally cost effective way of resolving disputes outside of the courtroom. Although mediation is growing in popularity, particularly in run-of-the-mill commercial disputes, there are still instances where the parties, given the option to mediate, choose to litigate. Such a choice comes with a high degree of risk, as emphasised by a recent decision of the High Court in Manchester – Garritt-Critchley v Ronnan [2014] EWHC 1774 (Ch).’

Hardwicke Chambers, 18th July 2014

Source: www.hardwicke.co.uk

School’s out? Peers ask Government to use summer holidays to reflect on controversial judicial review reforms – UK Human Rights Blog

Posted August 1st, 2014 in bills, costs, judicial review, news, parliament by sally

‘As the House of Lords closes its gilded doors for the long recess, the Westminster village enters its equivalent of the school holidays. Yet, as Ministers pack their red boxes and MPs head diligently back to their constituency business, the House of Lords – debating the Committee Stage of controversial judicial review proposals in Part 4 of the Criminal Justice and Courts Bill – may have suggested that officials and Ministers yet have some homework to do.’

UK Human Rights Blog, 1st August 2014

Source: www.ukhumanrightsblog.com

Secret deal meant mesothelioma compensation scheme favoured insurers – The Independent

Posted August 1st, 2014 in asbestos, compensation, costs, industrial injuries, insurance, news, personal injuries, select committees by sally

‘A Government compensation scheme supposed to help the families of people killed by exposure to asbestos was too heavily influenced by the insurance lobby, a parliamentary inquiry has found.’

The Independent, 1st August 2014

Source: www.independent.co.uk

Supreme Court calls time on Greek yoghurt food fight – The Lawyer

Posted July 31st, 2014 in appeals, costs, food, injunctions, intellectual property, news, Supreme Court by michael

‘The Supreme Court has sided with the makers of Total yoghurt, Fage, in refusing US rival Chobani permission to appeal the definition of Greek yoghurt.’

The Lawyer, 30th July 2014

Source: www.thelawyer.com

Parents ordered to pay £23k school fees after judge throws out race claim – Daily Telegraph

Posted July 31st, 2014 in bullying, costs, education, fees, news, racism, vegetarianism by michael

‘Parents who refused to pay their private school fees – claiming their three sons had been been bullied and racially abused at a vegetarian school – have had their complaints thrown out by a High Court judge.’

Daily Telegraph, 30th July 2014

Source: www.telegraph.co.uk

Coventry and others (Respondents) v Lawrence and another (Appellants) – Supreme Court

Posted July 28th, 2014 in appeals, costs, damages, human rights, injunctions, law reports, noise, nuisance, Supreme Court by sally

Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 46 (YouTube)

Supreme Court, 23rd July 2014

Source: www.youtube.com/user/UKSupremeCourt

Legislation passed to ban PI inducements – Law Society’s Gazette

Posted July 28th, 2014 in bills, civil justice, compensation, consumer protection, costs, gifts, inducements, legal services, news, personal injuries by sally

‘The government has introduced legislation to clamp down on personal injury inducements from lawyers offering clients money or gifts such as iPads in exchange for pursuing claims.’

Law Society’s Gazette, 25th July 2014

Source: www.lawgazette.co.uk

Private nuisance – Article 6 and the costs conundrum – UK Human Rights Blog

Posted July 25th, 2014 in costs, human rights, insurance, news, nuisance, protective costs orders by tracey

‘Coventry v. Lawrence [2014] UKSC 13, 23 July 2014, read judgment and Austin v. Miller Argent [2014] EWCA Civ 1012, 21 July 2014. Two important cases in the last few days showing how difficult it is to find a fair way to litigate private nuisance cases. Most of these claims have a modest financial value, but may raise complex factual and expert issues, even before you get to the law. The first case I shall deal with, Coventry, shows the iniquities of the recently departed system. The second, Austin, the dangers of the new.’

UK Human Rights Blog, 23rd July 2014

Source: www.ukhumanrightsblog.com

The Criminal Practice Directions, revised October 2014 – Judiciary of England and Wales

Posted July 25th, 2014 in costs, criminal procedure, practice directions, press releases by tracey

‘The Criminal Practice Directions, revised October 2014: Summary of Key Changes and Additions.’

Full press release

Judiciary of England & Wales, 23rd July 2014

Source: www.judiciary.gov.uk

Austin v Miller Argent (South Wales) Ltd – WLR Daily

Posted July 23rd, 2014 in damages, EC law, law reports, nuisance, protective costs orders by michael

Austin v Miller Argent (South Wales) Ltd [2014] EWCA Civ 1012; [2014] WLR (D) 331

‘Private nuisance actions were in principle capable of constituting procedures which fell within the scope of article 9.3 of the Aarhus Convention. There had to be a significant public interest in the action to justify conferring special costs protection on a claimant. The article 9.4 obligation which afforded procedural costs protection was no more than a factor to take into account when deciding whether to grant a protected costs order.’

WLR Daily, 21st July 2014

Source: www.iclr.co.uk

Local Authority Focus – July 2014 – Family Law Week

Posted July 18th, 2014 in care orders, costs, equality, fostering, judicial review, local government, news by tracey

‘Sally Gore, barrister, of Fenners Chambers considers recent case law and other developments of particular significance to local authorities.’

Family Law week, 17th July 2014

Source: www.familylawweek.co.uk

Court of Appeal warns of consequences for overly long bundles and skeletons – Litigation Futures

Posted July 15th, 2014 in appeals, case management, civil procedure rules, costs, courts, news, skeleton arguments by tracey

‘The Court of Appeal has hit out forcefully at unnecessarily long bundles and skeleton arguments that are anything but.’

Litigation Futures, 15th July 2014

Source: www.litigationfutures.com

Recalibrating Mitchell – New Law Journal

Posted July 14th, 2014 in civil procedure rules, costs, news, sanctions by sally

‘Dominic Regan provides a guide to the post-Mitchell three-step test.’

New Law Journal, 11th July 2014

Source: www.newlawjournal.co.uk

Mitchell: conjoined appeals – Law Society’s Gazette

Posted July 14th, 2014 in appeals, case management, civil procedure rules, costs, news, practice directions, proportionality, time limits by sally

‘Practitioners will be conscious of the ridiculous practice that ensued in the lower courts following the ‘guidance’ dispensed by the Court of Appeal in Mitchell v News Group Newspapers [2013] EWCA Civ 1537 as to the operation and application of rule 3.9 of the Civil Procedure Rules – Relief from Sanction.’

Law Society’s Gazette, 14th July 2014

Source: www.lawgazette.co.uk

Grayling agrees legal aid truce with barristers over complex fraud trials – The Guardian

Posted July 8th, 2014 in barristers, costs, fees, legal aid, Ministry of Justice, news, trials by tracey

‘Barristers and the justice secretary, Chris Grayling, have agreed a temporary truce in a dispute that threatened to halt all complex fraud trials. Amid taunts of a government climbdown, the Ministry of Justice has enforced a 30% cut in legal aid fees for what are known as Very High Cost Cases (VHCC) but agreed to make more generous payments at an earlier stage in court proceedings.’

The Guardian, 8th July 2014

Source: www.guardian.co.uk

Skraba v Regional Court in Nowy Sacz, Poland – WLR Daily

Posted July 8th, 2014 in appeals, costs, extradition, jurisdiction, law reports by tracey

Skraba v Regional Court in Nowy Sacz, Poland: [2014] EWHC 2193 (Admin); [2014] WLR (D) 292

‘Section 60(3) of the Extradition Act 2003 gave the High Court power, having dismissed an appeal against an extradition order, to review and, where considered appropriate, to vary any costs order made against the requested person by the first instance court under section 60(1)(a) of the Act.’

WLR Daily, 3rd July 2014

Source: www.iclr.co.uk

New judicial review test “risks undermining rule of law”, peers warn – Litigation Futures

Posted July 7th, 2014 in bills, budgets, costs, judges, judicial review, legal aid, news, rule of law by sally

‘The government’s plan to introduce a stricter test on judicial review outcomes “risks undermining the rule of law”, the House of Lords constitution committee has warned.’

Litigation Futures, 7th July 2014

Source: www.litigationfutures.com

Court of Appeal takes some of the blame for “misunderstood and misapplied” Mitchell ruling – Litigation Futures

Posted July 7th, 2014 in appeals, budgets, civil procedure rules, costs, news, practice directions, proportionality, time limits by sally

‘The Mitchell ruling has been “misunderstood and is being misapplied by some courts”, the Master of the Rolls said today in issuing more detailed guidance on how it should be used – while also recognising that some of the language used in Mitchell may have contributed to the problems.’

Litigation Futures, 4th July 2014

Source: www.litigationfutures.com

Court of Appeal sets out 3-stage test for applications for relief from sanctions – Local Government Lawyer

Posted July 7th, 2014 in budgets, civil procedure rules, costs, news, practice directions, proportionality, time limits by sally

‘The Court of Appeal’s ruling today [4 July] in three linked appeals relating to its its earlier judgment in Mitchell will make civil litigation less adversarial and more co-operative, the Law Society has predicted.’

Local Government Lawyer, 4th July 2014

Source: www.localgovernmentlawyer.co.uk

Mitchell-Game, Set and Match? – NearlyLegal

Posted July 7th, 2014 in budgets, civil procedure rules, costs, news, practice directions, proportionality, time limits by sally

‘The eagerly awaited Court of Appeal judgement in Denton & others v TH White Ltd & others was handed down on Friday. Dyson LJ provides a careful methodology on the approach to applications for relief from sanctions under CPR 3.9, with the aim to set to rights the fall-out from the landmark decision of Mitchell v News Group Newspapers Ltd’

NearlyLegal, 6th July 2014

Source: www.nearlylegal.co.uk

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