‘Failure to cooperate’ case prompts ombudsman review – Law Society’s Gazette

‘The Legal Ombudsman (LeO) is to review its internal investigations guidance after a barrister was cleared of misconduct due to its own “failure to cooperate” with the disciplinary process.’

Full story

Law Society’s Gazette, 19th August 2014

Source: www.lawgazette.co.uk

City firms face massive disclosure challenge after privilege ruling – Litigation Futures

‘Three City firms – Clyde & Co, Stephenson Harwood and Addleshaw Goddard – face a combined disclosure exercise which could last for months and cost £2.5m after a High Court ruling on legal professional privilege.’

Full story

Litigation Futures, 18th August 2014

Source: www.litigationfutures.com

High Court: making defendant pay 10% more for rejecting part 36 offer would add “penal element” – Litigation Futures

Posted August 13th, 2014 in civil procedure rules, costs, injunctions, news, part 36 offers, penalties by sally

‘A High Court judge has ruled that making a defendant who rejected a part 36 offer pay an additional 10% of the sum awarded for costs would introduce a “penal element” and be unjust.’

Full story

Litigation Futures, 13th August 2014

Source: www.litigationfutures.com

President of Family Division suggests courts should cover costs where legal aid cuts may impact access to justice – The World of Family Law (Garden Court Chambers)

‘Rachael Rowley-Fox explores the suggestion made by Sir James Munby, the President of the Family Division, that courts should spend money to ensure that justice is done in the wake of the legal aid cuts.’

Full story

The World of Family Law (Garden Court Chambers), 8th August 2014

Source: www.gcfamily.wordpress.com

QASA challenge could cost criminal barristers £215,000 – Legal Futures

Posted August 11th, 2014 in appeals, barristers, costs, news, protective costs orders, quality assurance by sally

‘The Criminal Bar Association (CBA) and circuits could face a £65,000 bill – nearly twice what they had hoped for – if their Court of Appeal bid to derail the Quality Assurance Scheme for Advocates (QASA) fails, it has emerged.’

Full story

Legal Futures, 11th August 2014

Source: www.legalfutures.co.uk

Visitors uphold fine for pupillage head who ignored online applications – Legal Futures

‘The Bar’s disciplinary tribunal was right to fine the head of a pupillage committee at a London chambers that ignored 98 online applications, the Visitors to the Inns of Court have ruled.’

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Legal Futures, 11th August 2014

Source: www.legalfutures.co.uk

£300,000 on Supreme Court constitutional cases – BBC News

Posted August 11th, 2014 in bills, costs, devolution, ministers' powers and duties, news, Supreme Court, Wales by sally

‘More than £300,000 has been spent by the Welsh and UK governments on three Supreme Court cases about assembly powers, the BBC has learned.’

Full story

BBC News, 10th August 2014

Source: www.bbc.co.uk

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).’

Full story

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.’

Full story

UK Human Rights Blog, 1st August 2014

Source: www.ukhumanrightsblog.com

Secret deal meant mesothelioma compensation scheme favoured insurers – The Independent

‘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.’

Full story

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.’

Full story

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.’

Full story

Daily Telegraph, 30th July 2014

Source: www.telegraph.co.uk

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

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

‘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.’

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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 sally

‘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.’

Full story

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 sally

‘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 sally

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

Full story

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

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

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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.’

Full story

New Law Journal, 11th July 2014

Source: www.newlawjournal.co.uk