This month’s costs cases summaries: appeals, unjust enrichment and Mitchell – Litigation Futures

Posted December 10th, 2013 in appeals, budgets, case management, civil procedure rules, costs, litigants in person, news by tracey

‘Our monthly summary of key costs-related court decisions.’

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Litigation Futures, 9th December 2013

Source: www.litigationfutures.com

Finance and Divorce Update – Family Law Week

‘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.’

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Family Law Week, 6th December 2013

Source: www.familylawweek.co.uk

Government backtracks on mesothelioma reforms but moves to end recoverability – Litigation Futures

‘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.’

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Litigtaiton Futures, 5th December 2013

Source: www.litigationfutures.com

Rayner v Legal Services Commission – WLR Daily

Posted December 6th, 2013 in costs, law reports, legal aid, regulations by tracey

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

Industrial disease victims central to changes – Ministry of Justice

Posted December 5th, 2013 in asbestos, consultations, costs, industrial injuries, insurance, news, victims by sally

‘Sufferers of a deadly industrial disease are central to new plans to improve the way they claim compensation, Courts Minister Shailesh Vara announced today.’

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Ministry of Justice, 4th December 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Court fees: proposals for reform – Ministry of Justice

Posted December 4th, 2013 in budgets, consultations, costs, courts, fees, Ministry of Justice, news by sally

‘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.’

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Ministry of Justice, 3rd December 2013

Source: http://consult.justice.gov.uk

Court fees set to soar for commercial litigation – Litigation Futures

Posted December 4th, 2013 in bills, consultations, costs, courts, fees, Ministry of Justice, news by sally

‘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.’

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Litigation Futures, 4th December 2013

Source: www.litigationfutures.com

Chambers in scrap with MoJ over reduced rates for Very High Cost Cases – The Lawyer

Posted December 4th, 2013 in barristers, costs, fees, legal aid, Ministry of Justice, news, solicitors by sally

‘A number of high profile criminal sets have clashed with the Ministry of Justice (MoJ) due to its circulation of a list of practitioners who might undertake Very High Cost Cases, which are now subject to reduced rates.’

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The Lawyer, 3rd December 2013

Source: www.thelawyer.com

David Partington’s unique take on the Mitchell decision – Sovereign Chambers

Posted December 3rd, 2013 in appeals, budgets, civil procedure rules, costs, news by sally

‘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.’

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Sovereign Chambers, 28th November 2013

Source: www.sovereignchambers.co.uk

The Court of Appeal’s Clear Message on New Costs Regime – Littleton Chambers

Posted December 3rd, 2013 in appeals, budgets, costs, news, solicitors by sally

‘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.’

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Littleton Chambers, 27th November 2013

Source: www.littletonchambers.com

Ramifications of the Mitchell Costs Appeal – Hardwicke Chambers

Posted December 3rd, 2013 in appeals, budgets, civil procedure rules, costs, news, solicitors by sally

‘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.’

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Hardwicke Chambers, 27th November 2013

Source: www.hardwicke.co.uk

Young v Young – An Analysis of the Judgment – Family Law Week

Posted December 2nd, 2013 in bankruptcy, contempt of court, costs, disclosure, divorce, news by sally

‘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”.’

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Family Law Week, 2nd December 2013

Source: www.familylawweek.co.uk

For Whom the Bell Tolls – NearlyLegal

Posted November 29th, 2013 in civil procedure rules, costs, documents, news by sally

“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.”

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NearlyLegal, 28th November 2013

Source: www.nearlylegal.co.uk

Court of Appeal warns of “change in culture” as it upholds cost sanctions against Andrew Mitchell – OUT-LAW.com

Posted November 28th, 2013 in appeals, budgets, costs, news, solicitors by tracey

‘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.’

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OUT-LAW.com, 28th November 2013

Source: www.out-law.com

Litigation Trends Survey – The Jackson Effect – New Law Journal

Posted November 28th, 2013 in budgets, costs, fees, law firms, news by tracey

‘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.’

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New Law Journal, 30th October 2013

Source: www.newlawjournal.co.uk

Security guard spared jail over Jon Venables tweet – Daily Telegraph

Posted November 28th, 2013 in anonymity, costs, guilty pleas, injunctions, internet, news, sentencing, suspended sentences by tracey

‘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.’

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Daily Telegraph, 27th November 2013

Source: www.telegraph.co.uk

Chinese businessman found guilty of murdering family of four in ‘revenge’ – Daily Telegraph

Posted November 28th, 2013 in complaints, costs, diminished responsibility, mental health, murder, news, police, trials by tracey

‘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.’

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Daily Telegraph, 27th November 2013

Source: www.telegraph.co.uk

Court of Appeal upholds strict costs rule in Mitchell case – Law Society’s Gazette

Posted November 27th, 2013 in appeals, budgets, costs, defamation, fees, media, news, solicitors, time limits by tracey

‘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.’

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Law Society’s Gazette, 27th November 2013

Source: www.lawgazette.co.uk

Court of Appeal awards council 50% of costs in youth cuts case – Local Government Lawyer

Posted November 27th, 2013 in appeals, budgets, costs, education, local government, news, young persons by tracey

‘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.’

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Local Government Lawyer, 25th November 2013

Source: www.localgovernmentlawyer.co.uk

Update for the profession: Criminal Very High Cost Cases (VHCCs) Contracts – The Bar Council

Posted November 27th, 2013 in barristers, codes of practice, contracts, costs, press releases by tracey

‘Update for the profession: Criminal Very High Cost Cases (VHCCs) Contracts.’

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The Bar Council, 26th November 2013

Source: www.barcouncil.org.uk