costs – Page 90 – Current Awareness

Serious fraud trial abandoned because of cuts to legal aid for defence representation – UK Human Rights Blog

Posted May 7th, 2014 in costs, fees, fraud, human rights, legal aid, legal representation, news, prosecutions, stay of proceedings by sally

‘A judge has halted a serious fraud trial after defendants claimed they could not get adequate representation because cuts to legal aid, and as a result they would not get a fair trial under common law or Article 6 of the Convention. This case could be the first of a number of reversals following the government’s legal aid reforms with seven further trials due to start before September 2015 involving 28 defendants in similar positions.’

UK Human Rights Blog, 6th May 2014

Source: www.ukhumanrightsblog.com

Danish Kaneria’s life ban from cricket upheld by the high court – The Guardian

Posted May 6th, 2014 in appeals, costs, disciplinary procedures, disqualification, news, sport by sally

‘Danish Kaneria, the former Essex and Pakistan spinner who was given a life ban after a disciplinary panel concluded that he had encouraged a team-mate to underperform, has lost a high court fight with the England and Wales Cricket Board.’

The Guardian, 6th May 2014

Source: www.guardian.co.uk

Mark Elliott: Judicial Review Reform — The Report of the Joint Committee on Human Rights – UK Constitutional Law Association

Posted May 2nd, 2014 in costs, evidence, human rights, judicial review, legal aid, news, parliamentary papers, reports, rule of law, select committees by sally

‘Earlier this week, the parliamentary Joint Committee on Human Rights has published its report on The implications for access to justice of the Government’s proposals to reform judicial review (HL 174 HC 868 2013-14). The report is, perhaps unsurprisingly, generally critical of the proposals and of the way in which they have been or are being introduced. I have already summarised the proposals and commented on some of them in earlier posts. In this post, I draw attention to some key passages in the JCHR’s report, commenting on them briefly and, at the end of the piece, offering some reflections on some of the underlying constitutional issues highlighted by the Committee.’

UK Constitutional Law Association, 1st May 2014

Source: www.ukconstitutionallaw.org

Operation Cotton – what next? – Halsbury’s Law Exchange

Posted May 2nd, 2014 in costs, fees, fraud, human rights, legal aid, legal representation, news, prosecutions, stay of proceedings by sally

‘When does the same Government that decides to prosecute someone have an obligation to ensure that that individual has representation? That was the question that HHJ Leonard had to answer at Southwark Crown Court on 1 May 2014. The case is called “Operation Cotton” and, as the argument proceeded, featured five legally aided defendants. The argument got more media attention this week than it perhaps otherwise would because the legally aided defendants were represented by Alexander Cameron QC, who happens to be the brother of the Prime Minister (Cameron QC was acting for free, which his brother would surely applaud as an example of the “Big Society” in action).’

Halsbury’s Law Exchange, 1st May 2014

Source: www.halsburyslawexchange.co.uk

Judge’s despair as costs hit £16,000 in dispute over £15 – Litigation Futures

Posted May 2nd, 2014 in costs, news, personal injuries, proportionality, road traffic, solicitors by sally

‘A district judge has been driven to despair as solicitors cranked up over £16,000 in costs in a dispute over an outstanding amount of only £15.’

Litigation Futures, 1st May 2014

Source: www.litigationfutures.com

Statement from Bar Leaders on Very High Costs Cases – The Bar Council

Posted May 2nd, 2014 in barristers, contracts, costs, fees, press releases by sally

‘The leaders of the Bar, who represent barristers in England and Wales, have published the following joint statement.”

Full press release

The Bar Council, 1st May 2014

Source: www.barcouncil.org.uk

Not in our name: Parliamentary committee rejects Government’s case for Judicial Review reform – UK Human Rights Blog

Posted April 30th, 2014 in bills, budgets, consultations, fees, human rights, judicial review, judiciary, legal aid, news, protective costs orders, select committees, solicitors, statutory duty by sally

‘Angela Patrick, Director of Human Rights Policy at JUSTICE, summarises the important Joint Committee on Human Rights report “The implications for access to justice of the Government’s proposals to reform judicial review”.’

UK Human Rights Blog, 30th April 2014

Source: www.ukhumanrightsblog.com

Gillian Astbury death: Mid Staffordshire NHS Trust fined over patient death – BBC News

Posted April 29th, 2014 in costs, fines, guilty pleas, health & safety, hospitals, news by sally

‘The health trust which ran Stafford Hospital has been fined £200,000 for failing a diabetic patient who died in its care.’

BBC News, 28th April 2014

Source: www.bbc.co.uk

Quarter of billion in court fines written off – Daily Telegraph

Posted April 28th, 2014 in auditors, compensation, costs, courts, delay, enforcement, fines, news, victims by sally

‘Millions of pounds in fines and victim compensation cancelled because offenders can no longer be traced.’

Daily Telegraph, 26th April 2014

Source: www.telegraph.co.uk

You don’t just walk away – NearlyLegal

Posted April 22nd, 2014 in costs, housing, landlord & tenant, leases, news, tribunals by sally

‘R (Twelve Baytree Ltd) v Rent Assessment Committee [2014] EWHC 1129 (Admin) is that rare beast – a judicial review of the LVT (as it was; FTT(PC) as it is now). It concerns how you withdraw a Right to Manage claim. I confess, when I first heard about this case, I had thought it would be more interesting than it has turned out to be.’

NearlyLegal, 20th April 2014

Source: www.nearlylegal.co.uk

Higher value commercial court cases will not be brought into costs regime retrospectively, says rule committee – OUT-LAW.com

Posted April 17th, 2014 in civil procedure rules, Commercial Court, costs, courts, news by sally

‘Higher value cases raised in the commercial court will not be brought into the civil court costs regime retrospectively when the regime is extended to catch claims worth up to £10 million next week, the Civil Procedure Rules Committee (CPRC) has said.’

OUT-LAW.com, 17th April 2014

Source: www.out-law.com

Kershaw v Roberts and another – WLR Daily

Posted April 15th, 2014 in budgets, case management, civil procedure rules, costs, law reports by sally

Kershaw v Roberts and another: [2014] EWHC 1037 (Ch); [2014] WLR (D) 168

‘Claims issued under CPR Pt 8 were not automatically allocated to the multi-track with the result that the provisions of CPR Pt 29 and the costs management provisions in section II of CPR Pt 3 were of no application unless and until the claim had been allocated to the multi-track by the procedural judge considering the claim.’

WLR Daily, 10th April 2014

Source: www.iclr.co.uk

Rule committee allays concern over unintended consequences of costs budgeting extension – Litigation Futures

Posted April 15th, 2014 in budgets, civil procedure rules, costs, news by sally

‘The Civil Procedure Rule Committee (CPRC) has reassured litigators that the new version of the costs management rule coming into force on 22 April will not accidentally catch Commercial Court and other Rolls Building cases being brought into the regime retrospectively.’

Litigation Futures, 14th April 2014

Source: www.litigationfutures.com

First hearing not a case management conference, says High Court – Law Society’s Gazette

Posted April 15th, 2014 in budgets, case management, civil procedure rules, costs, news, trials by sally

‘A claimant has failed in a High Court Mitchell bid to argue that an initial hearing amounted to a case management conference (CMC) and should be subject to budgeting rules.’

Law Society’s Gazette, 14th April 2014

Source: www.lawgazette.co.uk

Disrepair: La luta continua! – NearlyLegal

Posted April 14th, 2014 in children, costs, damages, fees, landlord & tenant, legal aid, news, rent, repairs by sally

‘2013 was a difficult year for claimant disrepair. Changes in legal aid funding have made it all but impossible to pursue a disrepair claim under legal aid alone, as funding is only available for an order to carry out repairs to where there is serious risk to health or well being of the tenant or other occupiers, and not for further repairs or the damages claim (although full funding remains for a counterclaim to a possession claim, which can be brought after the possession order).’

NearlyLegal, 13th April 2014

Source: www.nearlylegal.co.uk

Small claims courts ‘failing the public’ – Daily Telegraph

Posted April 11th, 2014 in costs, delay, news, small claims by sally

‘Increasing costs and lengthy delays before hearings are causing people to shun small claims courts.’

Daily Telegraph, 11th April 2014

Source: www.telegraph.co.uk

Colin Kazim-Richards guilty of homophobic gesture at Brighton fans – The Guardian

Posted April 10th, 2014 in costs, fines, freedom of expression, homosexuality, news, obesity, sport by sally

‘The former Premier League footballer Colin Kazim-Richards was found guilty in a landmark case on Wednesday of making an “utterly disgusting” homophobic gesture at Brighton and Hove Albion fans during a football match last year.’

The Guardian, 9th April 2014

Source: www.guardian.co.uk

Controlling the process: a practical view from the Bar – Littleton Chambers

Posted April 8th, 2014 in case management, civil procedure rules, costs, news, sanctions by sally

‘Alongside the continued wave of decisions on relief from sanctions applications, a few decisions are
now coming through that reflect the general shift in approaches to case management that many
practitioners may have encountered for themselves.’

Littleton Chambers, 2nd April 2014

Source: www.littletonchambers.com

Man kills wife’s pet ram in bitter divorce battle – Daily Telegraph

Posted April 8th, 2014 in animals, costs, divorce, financial provision, jurisdiction, news by sally

‘Husband who put to death wife’s pet ram is ordered to pay her £170,000 a year.’

Daily Telegraph, 8th April 2014

Source: www.telegraph.co.uk

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