This month’s costs cases summaries: appeals, unjust enrichment and Mitchell – Litigation Futures
‘Our monthly summary of key costs-related court decisions.’
Litigation Futures, 9th December 2013
Source: www.litigationfutures.com
‘Our monthly summary of key costs-related court decisions.’
Litigation Futures, 9th December 2013
Source: www.litigationfutures.com
‘Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in November.’
Family Law Week, 6th December 2013
Source: www.familylawweek.co.uk
‘The government has responded to widespread pressure and scrapped plans to impose an insurance industry-devised mesothelioma pre-action protocol (PAP) and the fixed recoverable costs regime (FRC) that underpinned it.’
Litigtaiton Futures, 5th December 2013
Source: www.litigationfutures.com
Rayner v Legal Services Commission: [2013] WLR (D) 467
‘On a proper reading of the words “attributable to” in paragraph 5(4) of the Community Legal Service (Cost Protection) Regulations 2000 the non-funded party could recover costs outside the funded period, provided that the causal link was established.’
WLR Daily, 2nd December 2013
Source: www.iclr.co.uk
‘Sufferers of a deadly industrial disease are central to new plans to improve the way they claim compensation, Courts Minister Shailesh Vara announced today.’
Ministry of Justice, 4th December 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
‘The courts play a vital role in our democracy. They provide access to justice for those who need it, help to maintain social order and support the proper functioning of the economy.’
Ministry of Justice, 3rd December 2013
Source: http://consult.justice.gov.uk
‘Court fees for litigants in commercial money claims could rise from under £3,000 to more than £21,000 under plans by the Ministry of Justice (MoJ) for a percentage-based fee system.’
Litigation Futures, 4th December 2013
Source: www.litigationfutures.com
‘The ramifications of “Plebgate” rumble on, not merely in the corridors of Whitehall and “the Met.” Much more seriously (some would say) it has now impinged into the arena of the “Jackson Reforms” and sanctions for relief against failure to abide by the Civil Procedure Rules in general. Andrew Mitchell MP v News Group Newspapers Limited (citation above) took place in the context of costs budgeting and the failure to provide the necessary budget in time, but it is also an important case with wider implications concerning the approach of the court to failures to comply with orders or directions of the Court or procedures of the CPR post “Jackson”. Many practitioners will be alarmed by the result.’
Sovereign Chambers, 28th November 2013
Source: www.sovereignchambers.co.uk
‘The Master of the Rolls has delivered a unanimous judgment limiting Andrew Mitchell MP’s legal costs in his defamation action against “The Sun” newspaper to his court fees only despite his budget being in excess of £500,000. This is the first time the Court of Appeal has considered sanctions under the new Jackson costs regime and is a sobering lesson for litigators.’
Littleton Chambers, 27th November 2013
Source: www.littletonchambers.com
‘There have been lots of sound bites from today’s costs and CPR compliance judgment dismissing the appeal in Mitchell v News Group Newspapers Limited [2013] EWCA Civ 1526. Other articles will detail the Court’s findings, although I suggest it would be negligent for any civil litigator not to read the entire judgment. It is the most far-reaching decision in civil litigation since the introduction of the CPR in 1999. I plan to analyse the consequences (and unintended consequences) for litigators, the Courts and civil litigation generally. My initial tweet was: “Mitchell costs appeal dismissed. Check your insurance policies litigators. The CPR alligators are coming and this time they’re hungry!” Here are my views, not limited to 140 characters.’
Hardwicke Chambers, 27th November 2013
Source: www.hardwicke.co.uk
‘Thomas Dudley, barrister, of 1 Garden Court Chambers provides a detailed guide to “as complicated a financial remedies case as has been dealt with by the courts”.’
Family Law Week, 2nd December 2013
Source: www.familylawweek.co.uk
“This is a brief note on an important Court of Appeal judgement. Mitchell v News Group Newspapers Ltd is actually a defamation case but it is an essential point of reference for anybody involved in civil litigation.”
NearlyLegal, 28th November 2013
Source: www.nearlylegal.co.uk
‘It would have been a “major setback” to the civil court costs reforms to overturn a High Court judgment preventing former Conservative chief whip Andrew Mitchell from claiming anything more than court fees in his legal action against The Sun, the Court of Appeal has ruled.’
OUT-LAW.com, 28th November 2013
Source: www.out-law.com
‘In the first of NLJ / LSLA’s litigation trends surveys, James Baxter charts how firms and practitioners are navigating Jackson LJ’s revolutionary road-map of change.’
New Law Journal, 30th October 2013
Source: www.newlawjournal.co.uk
‘A security guard who tweeted images purporting to be of Jon Venables as an adult has avoided jail after a court heard he was close to James Bulger’s family.’
Daily Telegraph, 27th November 2013
Source: www.telegraph.co.uk
‘A Chinese businessman who massacred a family of four by stabbing them to death in a “cold-blooded” revenge attack after losing a court battle with them has been found guilty of murder.’
Daily Telegraph, 27th November 2013
Source: www.telegraph.co.uk
‘The Court of Appeal today upheld a strict costs judgment in a landmark case which establishes the court’s post-Jackson hardline approach to costs budgeting.’
Law Society’s Gazette, 27th November 2013
Source: www.lawgazette.co.uk
‘A council has been told it can recover half of its legal costs in a case where the Court of Appeal ruled that a 70% cut to youth services was unlawful but refused to grant relief to the claimant.’
Local Government Lawyer, 25th November 2013
Source: www.localgovernmentlawyer.co.uk