Category: costs

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 sally

‘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 sally

‘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 sally

‘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 sally

‘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 sally

‘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 sally

‘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 sally

‘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

Justice costs: Fury as lawyers’ fees top £850 an hour – The Independent

Posted November 27th, 2013 in budgets, costs, fees, law firms, legal aid, news, solicitors by sally

‘Britain’s biggest law firms are shamelessly exploiting the maxim that “you get what you pay for”, with hourly fees at record levels of £850 an hour, according to new research.’

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The Independent, 26th November 2013

Source: www.independent.co.uk

Third time unlucky for solicitor as High Court rejects challenge to strike-off – Legal Futures

Posted November 22nd, 2013 in costs, disciplinary procedures, disqualification, legal executives, misrepresentation, news, solicitors by sally

‘It was third time unlucky for a solicitor whose striking-off had twice been overturned by the High Court, as Mr Justice Mostyn yesterday rejected his challenge to the latest decision to remove him from the roll.’

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Legal Futures, 21st November 2013

Source: www.legalfutures.co.uk

Asbestos NHS treatment cost recovery bill is voted into law – BBC News

Posted November 21st, 2013 in asbestos, bills, costs, insurance, news, Wales by sally

“A bill to recover the costs of treating Welsh asbestos patients from businesses or insurers has been passed by assembly members.”

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BBC News, 20th November 2013

Source: www.bbc.co.uk

TFL Management Services Ltd v Lloyds Bank plc – WLR Daily

Posted November 18th, 2013 in appeals, banking, costs, law reports, restitution by sally

TFL Management Services Ltd v Lloyds Bank plc [2013] EWCA Civ 1415; [2013] WLR (D) 437

“In determining whether a party had a claim for restitution based on unjust enrichment, the court ought to consider the following four questions: (i) has the defendant benefited or been enriched?; (ii) was the enrichment at the expense of the claimant?; (iii) was the enrichment unjust?; and (iv) was there any specific defence available to the defendant. The issue of whether any benefit was incidental and therefore amounted to a defence to an unjust enrichment claim was to be determined by reference to consideration of those four questions, rather than a formulation of a general exception based on characterisation of the nature of the benefit alone.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

Civil justice reform – another crack in the wall? – Halsbury’s Law Exchange

Posted November 18th, 2013 in civil justice, consultations, costs, expert witnesses, news, personal injuries, proportionality, small claims by sally

“The government’s response to the consultation paper on whiplash claims has recently been published. Within it, the government scraps the idea of raising the small claims limit for personal injury claims to £5,000; a measure which would capture most road traffic claims in the UK. It was seen by many as a pivotal brick in the Jackson campaign for proportionate costs, as it would fix the costs entitlement for most whiplash claims at fixed commencement costs for small claims. This would net a significant saving in adverse costs payments at a national level. So, why was a measure of seemingly vital importance discarded so summarily by the government?”

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Halsbury’s Law Exchange, 15th November 2013

Source: www.halsburyslawexchange.co.uk

Top judge calls for fixed legal fees to cut bills – Daily Telegraph

Posted November 18th, 2013 in barristers, costs, fees, judges, legal representation, news, solicitors by sally

“Lord Neuberger, president of the Supreme Court, wants to see lawyers paid fixed sums to prevent spiralling legal costs.”

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Daily Telegraph, 15th November 2013

Source: www.telegraph.co.uk

‘Awful conflict’: Judge despairs as couple’s divorce after 43 years leads to £700,000 bill – The Independent

Posted November 18th, 2013 in costs, dispute resolution, divorce, judges, news by sally

“A wealthy family seems to be ‘tearing itself apart’ in a legal battle which has already cost more than £700,000, a High Court judge has said.”

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The Independent, 15th November 2013

Source: www.independent.co.uk

British Airways stewardess attacked pilot lover, court hears – Daily Telegraph

Posted November 15th, 2013 in costs, news, sentencing, suspended sentences, wounding by sally

“The senior British Airways cabin crew member smashed a glass in the pilot’s face when he told her their affair was over.”

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Daily Telegraph, 15th November 2013

Source: www.telegraph.co.uk