Failure to pay correct court fee not an abuse of process – Litigation Futures

‘The Court of Appeal has refused to consider a circuit judge ruling which held that failure by a solicitor to correctly value a personal injury claim and pay the right court fee did not amount to an abuse of process.’

Full Story

Litigation Futures, 20th June 2017

Source: www.litigationfutures.com

Hyde v Milton Keynes NHS Foundation Trust – WLR Daily

Posted June 1st, 2017 in appeals, costs, fees, hospitals, law reports, legal aid by sally

Hyde v Milton Keynes NHS Foundation Trust [2017] EWCA Civ 399

‘The claimant brought a personal injury claim against the defendant under a Community Legal Service funding certificate which was subject to costs limitations. Although the defendant had admitted liability, quantum remained in issue. With the funding certificate nearing exhaustion and the Legal Services Commission refusing further funding, the claimant’s solicitors concluded that the case could not be completed on a funded basis. Accordingly, the claimant entered into a conditional fee agreement (“CFA”) with her solicitors. The solicitors served on the defendant notice of a change in funding arrangements but took no steps to apply for or obtain a formal discharge of the funding certificate. The claim later settled, the defendant having made an increased offer which the claimant accepted. On the assessment of costs, the costs judge concluded that the claimant was entitled to recover from the defendant her costs arising under the CFA, rejecting the defendant’s contention that the CFA was unenforceable by virtue of sections 10(1) and 22(2) of the Access to Justice Act 1999 because it had been entered into at a time when the claimant was “funded” by the commission as part of the Community Legal Service. The judge dismissed the defendant’s appeal, holding that the claimant was not “funded” by the commission, for the purposes of sections 10(1) and 22(2), once the funding certificate had been exhausted, even though the certificate had not been discharged.’

WLR Daily, 23rd May 2017

Source: www.iclr.co.uk

Keep calm and carry on: BSB finds no evidence of “widespread change” at the Bar – Legal Futures

Posted May 31st, 2017 in barristers, fees, legal services, news by sally

‘Widespread change” is yet to happen at the Bar, with only a small minority of barristers planning to change the way they work or charge fees, a report for the Bar Standards Board (BSB) has found.’

Full Story

Legal Futures, 31st May 2017

Source: www.legalfutures.co.uk

Court of Appeal backs claimants over post-legal aid CFA – Law Society’s Gazette

Posted May 26th, 2017 in appeals, costs, fees, legal aid, news by tracey

‘The Court of Appeal has upheld a conditional fee agreement entered into because legal aid had run out – even though the legal aid certificate had not been formally discharged.’

Full story

Law Society’s Gazette, 24th May 2017

Source: www.lawgazette.co.uk

Doctors’ body urges government to aim high with fixed-fee cap for clinical negligence cases – Litigation Futures

Posted April 25th, 2017 in consultations, costs, doctors, fees, health, negligence, news by sally

‘The Medical Protection Society (MPS) has called on the government to be more “bold” with its proposals to introduced fixed costs for clinical negligence cases by including cases worth up to £250,000 – 10 times the proposed limit.’

Full story

Litigation Futures, 25th April 2017

Source: www.litigationfutures.com

Probate fees: Planned increase scrapped ahead of election – BBC News

Posted April 21st, 2017 in fees, news, probate by tracey

‘Controversial plans to raise the legal fees payable after death are to be scrapped ahead of the general election.
Probate fees had been due to rise from £155 or £215 to up to £20,000 for some estates in England and Wales from May.
The Ministry of Justice said there was now not enough time for the legislation – dubbed a “stealth death tax” by critics – to go through Parliament.’

Full story

BBC News, 21st April 2017

Source: www.bbc.co.uk

Supreme Court backs pre-LASPO recoverability of success fees and ATE premiums – Litigation Futures

‘The Supreme Court has ruled against three leading newspaper groups over having to pay claimants’ success fees and after-the-event insurance under the pre-LASPO regime, saying that the media’s rights under the European Convention on Human Rights were not engaged as critically as the rights of those suing them.’

Full story

Litigation Futures, 11th April 2017

Source: www.litigationfutures.com

Employment tribunal fees ‘barrier’ to justice in human rights cases, say MPs – Legal Voice

Posted April 12th, 2017 in employment tribunals, fees, human rights, news, select committees by sally

‘Employment tribunal fees were ‘a barrier to victims seeking justice when they have suffered human rights abuses’, according to an influential group of MPs. The House of Commons’ joint committee on human rights have added their collective voice to the justice and equalities committees in calling on the Government to cut the charges introduced in 2013.’

Full story

Legal Voice, 11th April 2017

Source: www.legalvoice.org.uk

Tribunal fees ‘barrier to justice’, rights committee says – Law Society’s Gazette

‘Employment tribunal fees create impunity to bosses abusing human rights, parliamentarians have said, accusing the Ministry of Justice of complacency on some of the barriers faced by people seeking access to justice.’

Full story

Law Society’s Gazette, 6th April 2017

Source: www.lawgazette.co.uk

Truss’s plan to increase probate fees may not be legally enforceable – The Guardian

Posted April 6th, 2017 in enforcement, fees, news, probate, reports, select committees by tracey

‘Government plans to raise £300m by increasing probate fees – payable when claiming inheritances – may not be legally enforceable, a parliamentary committee has said. A report by the joint committee on statutory instruments has suggested that the Ministry of Justice may not have the authority to introduce the charges of up to £20,000 per estate.’

Full story

The Guardian, 6th April 2017

Source: www.guardian.co.uk

Supreme Court: appeal classed as ‘proceedings’ in transitional cost recovery cases – OUT-LAW.com

Posted April 3rd, 2017 in agreements, costs, fees, insurance, news, solicitors, Supreme Court by sally

‘Transitional provisions allowing the recoverability of solicitors’ success fees and an after the event (ATE) insurance premium after April 2013 extend to where the policy is assigned, and where the case is later appealed, the Supreme Court has ruled.’

Full story

OUT-LAW.com, 31st March 2017

Source: www.out-law.com

Is Strasbourg law the law of England and Wales? – UK Human Rights Blog

Posted March 31st, 2017 in fees, human rights, legal aid, news, solicitors, statutory interpretation by tracey

‘R (o.t.a Minton Morrill Solicitors) v. The Lord Chancellor [2017] EWHC 612 (Admin) 24 March 2017, Kerr J. This exam-style question arose, in an attempt by solicitors to be paid by the Legal Aid Agency for some work they had done on two applications to Strasbourg. The underlying cases were housing, the first an attempt to stave off possession proceedings, and the second the determination of whether an offer of “bricks and mortar” accommodation to an Irish traveller was one of “suitable accommodation”. Both applications were declared inadmissible by the European Court of Human Rights, and thus could not benefit from that Court’s own legal aid system.’

Full story

UK Human Rights Blog, 30th March 2017

Source: www.ukhumanrightsblog.com

Supreme Court rejects narrow approach to LASPO transitional provisions on success fees and ATE – Litigation Futures

Posted March 31st, 2017 in appeals, costs, fees, insurance, news, Supreme Court, time limits by tracey

‘The Supreme Court has allowed the recovery of a pre-LASPO success fee and after-the-event (ATE) premium where the conditional fee agreement (CFA) and insurance had to be extended after 1 April 2013 to cover appeals.’

Full story

Litigation Futures, 29th March 2017

Source: www.litigationfutures.com

Some landlords getting away with “very high” hidden fees in retirement properties – Law Commission

Posted March 31st, 2017 in elderly, fees, landlord & tenant, leases, press releases by tracey

‘Older people who have moved into retirement leasehold properties could be being hit with unfair fees worth thousands of pounds, according to the Law Commission.’

Full press release

Law Commission, 31st March 2017

Source: www.justice.gov.uk/lawcommission

£1,200 cost for unfair dismissal claims is challenged in UK’s highest court – The Guardian

‘Steep rises in fees for bringing unfair dismissal claims at employment tribunals – which have led to a 70% fall in the number of cases – are to be challenged at the UK’s highest court.’

Full story

The Guardian, 27th march 2017

Source: www.guardian.co.uk

Bar chief warns of ‘loss of confidence’ in fee reform – Law Society’s Gazette

Posted March 9th, 2017 in advocacy, barristers, fees, news by sally

‘The chairman of the Bar Council has weighed into the debate on plans to restructure the Advocates’ Graduated Fee Scheme (AGFS), claiming the body is in danger of losing confidence in the government’s proposals.’

Full story

Law Society’s Gazette, 8th March 2017

Source: www.lawgazette.co.uk

Bar backs MoJ fee scheme restructure – with reservations – Law Society’s Gazette

Posted March 3rd, 2017 in advocacy, barristers, consultations, criminal justice, fees, legal aid, news by tracey

‘The Bar Council has said it is broadly in favour of the Ministry of Justice’s plans to restructure the Advocates’ Graduated Fee Scheme (AGFS) in criminal cases but warned that it should be “closely monitored” to ensure advocates do not lose out on fees.’

Full story

Law Society’s Gazette, 2nd March 2017

Source: www.lawgazette.co.uk

Civil procedure update: new rules – make sure you know what’s coming! – Zenith PI Blog

Posted February 28th, 2017 in budgets, civil procedure rules, costs, fees, news, sanctions, trials by tracey

‘On 3rd February 2017 the Civil Procedure (Amendment) Rules 2017 were made. The majority of these rules will come into force on 6th April 2017.’

Full story

Zenith PI, 28th February 2017

Source: www.zenithpi.wordpress.com

MoJ confirms hike in probate fees – Law Society’s Gazette

Posted February 28th, 2017 in consultations, courts, fees, news, probate by tracey

‘The Ministry of Justice has confirmed a massive overhaul in probate charges, which will see some estates charged up to £20,000. From May this year, subject to parliamentary approval, the MoJ is planning to introduce a sliding scale of charges for probate fees to replace the current flat fees.’

Full story

Law Society’s Gazette, 27th February 2017

Source: www.lawgazette.co.uk

BBC orders urgent investigation into behaviour of TV licence fee collectors amid allegations of underhand tactics – Daily Telegraph

Posted February 27th, 2017 in BBC, codes of practice, enforcement, fees, licensing, media, news, select committees by tracey

‘The BBC has ordered an urgent investigation into the behaviour of television licence fee collectors amid allegations they are using underhand tactics and aggressive incentive schemes to catch evaders.’

Full story

Daily Telegraph, 27th February 2017

Source: www.telegraph.co.uk