Children: Private Law update (August 2013) – Family Law Week

“Alex Verdan QC of 4 Paper Buildings considers several recent judgments in Children private law proceedings which provide practitioners with helpful guidance.”

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Family Law Week, 15th August 2013

Source: www.familylawweek.co.uk

Iranian bank sues over sanctions – Daily Telegraph

Posted August 19th, 2013 in banking, compensation, costs, EC law, Iran, news, nuclear weapons, sanctions, Supreme Court by tracey

“The taxpayer faces a bill for up to £1 billion after the Government was sued by an Iranian bank that claimed it had been wrongly placed on a sanctions blacklist.”

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Daily Telegraph, 19th August 2013

Source: www.telegraph.co.uk

Russian wife awarded £53 million divorce settlement at London’s High Court – Daily Telegraph

Posted August 15th, 2013 in contempt of court, costs, divorce, enforcement, financial provision, news by sally

“A Russian wife has been awarded one of the highest divorce settlements ever made by an English court after a judge ruled that she should receive more than £53 million from her ex-husband.”

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Daily Telegraph, 14th August 2013

Source: www.telegraph.co.uk

Parties to litigation must be aware of courts’ “strict and robust approach” to new costs rules, says expert – OUT-LAW.com

Posted August 14th, 2013 in arbitration, case management, civil procedure rules, costs, news, time limits by sally

“Parties to civil court litigation must ensure that they file and exchange costs budgets no later than seven days before the first case management conference or risk strict penalties under the new costs management regime, an expert has said.”

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OUT-LAW.com, 13th August 2013

Source: www.out-law.com

Thousands fail to appear in court in Wales in 2012 – BBC News

Posted August 12th, 2013 in costs, courts, delay, freedom of information, news, statistics, Wales, warrants by sally

“Thousands of defendants failed to appear at courts in Wales last year, causing ‘significant and costly’ problems, BBC Wales has learnt.”

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BBC News, 12th August 2013

Source: www.bbc.co.uk

High Court caps ‘plebgate’ libel budget to court fees for Andrew Mitchell MP – The Lawyer

Posted August 8th, 2013 in budgets, case management, costs, defamation, fees, news by sally

“The High Court has told the former chief whip Andrew Mitchell MP that the cost of his libel action against The Sun will be restricted to the cost of the court fees for the claim.”

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The Lawyer, 7th August 2013

Source: www.thelawyer.com

Serious Organised Crime Agency v Azam – WLR Daily

Serious Organised Crime Agency v Azam [2013] EWCA Civ 970; [2013] WLR (D) 327

“Where a person who was the subject of a property freezing order made under Part 5 of the Proceeds of Crime Act 2002 applied for the order to be varied so as to permit him to apply some of his assets which were the subject of the order in paying for his legal expenses, he was under no specific burden of proof requiring him to prove that there were no other available assets which could be used for the relevant purpose, such that if he did not discharge the burden his application must fail.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Sud v Ealing London Borough Council – WLR Daily

Sud v Ealing London Borough Council [2013] EWCA Civ 949; [2013] WLR (D) 320

“Although an award of costs against a paying party in the employment tribunal was an exceptional event, the tribunal should focus principally on the criteria established in rule 40 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004. Where the tribunal concluded that the party’s conduct of the proceedings had been unreasonable it was necessary for the court to identify the particular unreasonable conduct, along with its effect. That was not a process that entailed a detailed or minute assessment, but instead the court should adopt a broad brush approach, against the background of the totality of the relevant circumstances.”

WLR Daily, 30th July 2013

Source: www.iclr.co.uk

Man caught driving 165mph tells court which banned him: ‘Catch me if you can’ – The Independent

“The 24-year-old was stopped in a £100,000 rented Audi R8 Spyder and says ban won’t stop him hitting the roads again.”

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The Independent, 31st July 2013

Source: www.independent.co.uk

JK Rowling law firm pays damages over pseudonym leak – BBC News

Posted August 1st, 2013 in anonymity, charities, costs, damages, disclosure, law firms, news by sally

“Harry Potter creator JK Rowling has accepted a substantial charity donation from the law firm that revealed she was writing under a pseudonym.”

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BBC News, 31st July 2013

Source: www.bbc.co.uk

Peter Cruddas wins £180,000 damages in Sunday Times libel case – The Guardian

Posted August 1st, 2013 in corruption, costs, damages, defamation, media, news, political parties by sally

“The former Conservative party co-treasurer Peter Cruddas has won £180,000 damages in his high court libel action over a Sunday Times allegation about charging £250,000 to meet David Cameron.”

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The Guardian, 31st July 2013

Source: www.guardian.co.uk

Wasted costs against local authority in private law proceedings by James Hargan – Sovereign Chambers

“In HB, PB, and OB –v- London Borough of Croydon [2013] EWHC 1956 (Fam) Cobb J had to consider whether or not to make an order that a Local Authority which had been directed to file a section 37 report, and whose failure to do so properly had led to wasted costs, should pay those wasted costs of aborted days of hearing. The power to make such a costs order was in the discretion of the court (Senior Courts Act 1981 s51(1)) and, by reference to FPR 2010 28.1, the court could make such order as it thought just. The Local Authority was sufficiently closed connected with the litigation, and its failings were so serious, as to justify making what the court was urged to regard as an exceptional order.”

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Sovereign Chambers, 19th July 2013

Source: www.sovereignchambers.co.uk

Anneliese Day QC and Michael Ryan successfully defend TCC claim against Engineers for professional negligence – 4 New Square Chambers

Posted July 31st, 2013 in costs, expert witnesses, negligence, news, surveyors by sally

“On 24 June 2013, Mr Justice Akenhead handed down judgment in Igloo Regeneration v Powell Williams Partnership [2013] EWHC 1718 (TCC). Anneliese Day QC and Michael Ryan acted for the successful defendant.”

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4 New Square Chambers, 17th July 2013

Source: www.4newsquare.com

ATE providers and unions – authors of their own misfortune? – Halsbury’s Law Exchange

Posted July 31st, 2013 in costs, insurance, legal aid, news, third parties, time limits, trade unions by sally

“We all know the gravy train is coming to an end. With the abolition of inter partes recovery of After the Event (ATE) premiums and equivalents, ATE providers and unions are scrambling to fill the void in their coffers this will create. Recently, there has been outrage at the suggestion that retrospective reform should be introduced to limit the recoverability of pre 1 April ATE premiums and equivalents, imposing a finite timescale. But is this really justified, or are the ATE providers and union funders bringing such measures on themselves by their disproportionate attitude to the quantum of premiums?”

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Halsbury’s Law Exchange, 30th July 2013

Source: www.halsburyslawexchange.co.uk

Making the Most of Direct Access – Criminal Law and Justice Weekly

Posted July 30th, 2013 in barristers, costs, news, solicitors by sally

“Simon Myerson QC explains the benefits of a web site bringing barristers and the public together.”

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Criminal Law and Justice Weekly, 27th July 2013

Source: www.criminallawandjustice.co.uk

Civil way – New Law Journal

“Without prejudice, legislative obit, mum’s the word & child support facelift.”

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New Law Journal, 19th July 2013

Source: www.newlawjournal.co.uk

Judge: couple’s £850,000 divorce is financial suicide – The Guardian

Posted July 26th, 2013 in costs, divorce, judges, news by sally

“A high court judge has said a couple have committed ‘financial suicide’ by spending £850,000 on legal bills during their divorce.”

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The Guardian, 25th July 2013

Source: www.guardian.co.uk

Danny Nightingale avoids jail over possession of pistol and ammunition – The Guardian

“Ex-SAS sniper gets two-year suspended sentence for illegally possessing Glock 9mm and 300 rounds.”

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The Guardian, 25th July 2013

Source: www.guardian.co.uk

 

Court of Appeal commends short rulings as way to cut “soaring costs of litigants” – Litigation Futures

Posted July 25th, 2013 in appeals, civil justice, costs, courts, judgments, news by tracey

“Short, old-style rulings that lay out the legal propositions relevant to the case and the conclusions reached by applying them should help reduce the cost litigation, the Court of Appeal has suggested.”

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Litigation Futures, 25th July 2013

Source: www.litigationfutures.com

Children: Public Law Update (July 2013) – Family Law Week

Posted July 25th, 2013 in adoption, children, costs, expert witnesses, news, proportionality, witnesses by tracey

“John Tughan, barrister of 4 Paper Buildings, examines some important recent judgments of particular interest to public law children lawyers.”

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Family Law Week, 24th July 2013

Source: www.familylawweek.co.uk