Blowing the Budget – an early warning – Zenith Chambers

Posted June 4th, 2013 in budgets, case management, civil procedure rules, costs, news by sally

“The Costs Management Rules, now set out at Section II of CPR 3, will apply to the majority of multi-track cases issued on or after 1st April 2013.”

Full story (PDF)

Zenith Chambers, 30th May 2013

Source: www.zenithchambers.co.uk

Lift off for Budgetary Control – New Law Journal

Posted June 4th, 2013 in budgets, case management, costs, news by sally

“HH Simon Brown QC continues his exclusive NLJ online series on costs management post-Jackson.”

Full story

New Law Journal, 31st May 2013

Source: www.newlawjournal.co.uk

Regina (Gray and another) v Crown Court at Aylesbury – WLR Daily

Posted June 3rd, 2013 in animal cruelty, costs, disqualification, judicial review, law reports by sally

Regina (Gray and another) v Crown Court at Aylesbury [2013] EWHC 500 (Admin); [2013] WLR (D) 204

“The court ought not to record a separate conviction under section 9 of the Animal Welfare Act 2006 where a person had been found guilty of an offence under section 4 and the neglect proved under section 9 was no wider than the conduct which caused the unnecessary suffering for which there was guilt under section 4.”

WLR Daily, 12th March 2013

Source: www.iclr.co.uk

Driver to be investigated after 17 whiplash claims in eight years – Daily Telegraph

Posted May 30th, 2013 in costs, fraud, insurance, news, perjury, personal injuries, recidivists by sally

“A driver who made 17 whiplash claims in eight years is to be investigated for perjury after a judge heard details of his latest compensation bid.”

Full story

Daily Telegraph, 30th May 2013

Source: www.telegraph.co.uk

We are ready for post-Jackson role, vows High Court judge – Litigation Futures

Posted May 24th, 2013 in budgets, costs, judges, judiciary, news, proportionality by tracey

“A High Court judge says there is a ‘real determination’ among judges to embrace their new ‘project management’ role, and dismissed fears that they are not ready for the Jackson reforms.”

Full story

Litigation Futures, 24th May 2013

Source: www.litigationfutures.com

Interview: Chris Grayling – Law Society’s Gazette

“In his foreword to the consultation on ‘transforming’ legal aid, justice secretary Chris Grayling explains that change is needed to ‘boost public confidence’ and cut costs, which he claims have ‘spiralled out of control’. Speaking to the Gazette, he offers no empirical evidence that the public has lost confidence in the system. But he claims to have received ‘lots of letters and emails’ from people concerned about legal aid entitlement. He alludes to prisoners getting legal aid ‘to argue they should have a different cell’, and migrants receiving civil legal aid.”

Full story

Law Society’s Gazette, 20th May 2013

Source: www.lawgazette.co.uk

Changes to Civil Procedure Rules and court costs made in April 2013 – OUT-LAW.com

“From 1 April 2013 a number of changes to the Civil Procedure Rules (CPRs) governing court action in England and Wales took effect. This is a summary of those changes.”

Full story

OUT-LAW.com, May 2013

Source: www.out-law.com

Council wrongly classed asylum seeker children as adults – The Guardian

Posted May 17th, 2013 in asylum, children, costs, immigration, local government, London, news by sally

“A London council has had to pay out more than £1m in costs for wrongly assessing asylum seeker children as adults. These wrong decisions have condemned some children to homelessness, prevented them from going to school and led to some being unlawfully held in adult detention centres.”

Full story

The Guardian, 17th May 2013

Source: www.guardian.co.uk

Obtaining cost orders against solicitors – 4 New Square

“Dispute Resolution analysis: When can solicitors who failed to obtain ATE insurance, become parties
to the litigation for the purpose of cost orders? Stephen Innes, barrister at 4 New Square Chambers
looks at the Court of Appeal’s decision in Heron v TNT.”

Full story (PDF)

4 New Square, 14th May 2013

Source: www.4newsquare.com

Interesting times – New Law Journal

Posted May 14th, 2013 in agreements, consumer credit, costs, interest, law firms, loans, news by sally

“In Jeffrey Jones v SoS for Energy and Climate Change [2012] EWHC 2936 (QB) the High Court considered the use of credit agreements between a law firm and its clients.”

Full story

New Law Journal, 13th May 2013

Source: www.newlawjournal.co.uk

Sun on Sunday pays damages to man wrongly linked to serial killer – The Guardian

Posted May 14th, 2013 in costs, damages, media, news by sally

“The Sun on Sunday ran a front page ‘world exclusive’ last November headlined ‘I’m Fred West’s love child’.”

Full story

The Guardian, 13th May 2013

Source: www.guardian.co.uk

Ramsey: costs management limits being reviewed – Litigation Futures

Posted May 13th, 2013 in costs, damages, judges, limitations, news, solicitors by tracey

“The £2m limit above which commercial cases are not subject to automatic costs management is being reviewed, the judge in charge of Jackson implementation has revealed, while also hinting that pre-issue costs may come within costs management in future.”

Full story

Litigation Futures, 13th May 2013

Source: www.litigationfutures.com

Costs Management Pilot Report – Judiciary of England and Wales

“The Costs Management Pilot Scheme (the ‘Pilot’) was launched in all Technology and Construction Courts (‘TCC’) and Mercantile Courts on 1 October 2011. The Pilot applies to any case which has its first case management conference on or after 1 October 2011.”

Full report

Judiciary of England & Wales, 10th May 2013

Source: www.judiciary.gov.uk

WPc’s cut thumb will cost force £100,000 – Daily Telegraph

Posted May 13th, 2013 in appeals, compensation, costs, damages, health & safety, news, personal injuries, police by tracey

“Taxpayers were last night facing a legal bill of at least £100,000 after a long-standing compensation row involving a female police officer who cut her thumb while on duty.”

Full story

Daily Telegraph, 10th May 2013

Source: www.telegraph.co.uk

Chris Huhne and ex-wife Vicky Pryce freed from prison early – The Guardian

Posted May 13th, 2013 in costs, early release, news, perverting the course of justice by tracey

“Ex-minister and former wife released after serving a quarter of sentences for perverting course of justice.”

Full story

The Guardian, 13th May 2013

Source: www.guardian.co.uk

Khans Solicitors (a firm) v Chifuntwe and another – WLR Daily

Posted May 10th, 2013 in appeals, costs, law firms, law reports, solicitors by sally

Khans Solicitors (a firm) v Chifuntwe and another [2013] EWCA Civ 481; [2013] WLR (D) 167

“The court would intervene to protect a solicitor’s claim on funds recovered or due to be recovered by a client or former client if the paying party was on notice that the other party’s solicitor had a claim on the funds for outstanding fees.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

Court of Appeal issues strong warning of costs sanctions for lengthy skeleton arguments – Litigation Futures

“The Court of Appeal has hit out at lengthy and complex skeleton arguments, describing them as the ‘bane’ of commercial litigation and warning that failing to comply with the practice directions on them will result in costs sanctions.”

Full story

Litigation Futures, 8th May 2013

Source: www.litigationfutures.com

Costs budgeting: Proportionality is trumps – New Law Journal

Posted May 7th, 2013 in budgets, civil procedure rules, costs, judiciary, news, proportionality by sally

“‘The budgeting of multi-track litigation is the most important of costs reforms that lawyers should prepare for’ advises Professor Dominic Regan, the leading expert in civil litigation (‘Not the end of the story?’). So, how should we—judges and professional civil litigators— ‘prepare’ now that the Jackson reforms are a reality? The short answer is CPD Training: Chapter 40 and Recommendations 89 and 90 of the Jackson Report (Review of Civil Litigation Costs: Final Report, December 2009).”

Full story

New Law Journal, 2nd May 2013

Source: www.newlawjournal.co.uk

Success Fees and ATE Premiums in the Patents County Court: Henderson v All Around the World Recordings Ltd – NIPC Law

Posted May 7th, 2013 in civil procedure rules, costs, county courts, fees, insurance, news, patents by sally

“As I mentioned in “Intellectual Property Litigation – the Funding Options” 10 April 2013, it was possible until the 31 March 2013 for a litigant to enter an agreement with his or her solicitors and counsel known as a conditional fee agreement (‘CFA’) whereby the lawyers would look to the other side for payment not only of their assessed costs but also of an uplift known as a success fee and the premium for insurance against their own and the other side’s costs in case of failure known as after-the-event (‘ATE’) insurance if they won the case or obtained a satisfactory settlement. As I also mentioned in that article, it is still possible to enter a CFA but any success fee and ATE insurance premium must now be paid by the successful party – usually out of any damages or accountable profits he or she may receive.”

Full story

NIPC Law, 4th May 2013

Source: www.nipclaw.blogspot.co.uk

Coombs v North Dorset NHS Primary Care Trust and another – WLR Daily

Posted May 3rd, 2013 in appeals, costs, detention, hospitals, law reports, mental health by tracey

Coombs v North Dorset NHS Primary Care Trust and another: [2013] EWCA Civ 471;   [2013] WLR (D)  158

“There was nothing inherent in the structure or wording of the Mental Health Act 1983 or the National Health Service Act 2006, and nothing by way of public policy, to exclude the possibility of a person detained under a provision of the 1983 Act from paying or contributing to the cost of his treatment or care.”

WLR Daily, 30th April 2013

Source: www.iclr.co.uk