Employment tribunal president stays fees challenges in wake of Supreme Court ruling – Litigation Futures

Posted August 11th, 2017 in case management, employment tribunals, fees, news, stay of proceedings by tracey

‘The president of employment tribunals in England and Wales, Judge Brian Doyle, has issued a case management order staying claims brought on the basis of the Supreme Court’s ruling last month that the current fees regime is unlawful.’

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Litigation Futures, 10th August 2017

Source: www.litigationfutures.com

Court of Appeal: claimants cannot “blow hot and cold” with QOCS – Litigation Futures

Posted August 4th, 2017 in appeals, costs, fees, news by sally

‘Claimants cannot “blow hot and cold” with qualified one-way costs shifting (QOCS) by terminating one conditional fee agreement (CFA) and signing a new one just to get the benefit of costs protection, the Court of Appeal has ruled.’

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Litigation Futures, 3rd August 2017

Source: www.litigationfutures.com

Collection of fees in receivables finance agreement must not be “arbitrary, capricious or irrational” says High Court – OUT-LAW.com

Posted August 2nd, 2017 in banking, Cayman Islands, fees, fiduciary duty, indemnities, news, receivers by tracey

‘The High Court has found that a lender must be rational when exercising its contractual discretion to charge collection fees under a receivables finance agreement. The agreement allowed for fees of up to 15%, however, the maximum chargeable for the lender to remain compliant with its duty was found, in this case, to be 4%.’

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OUT-LAW.com, 1st august 2017

Source: www.out-law.com

FCA keeps payday loan cap after review – OUT-LAW.com

Posted August 1st, 2017 in fees, financial regulation, interest, loans, news by sally

‘The UK’s Financial Conduct Authority (FCA) is to maintain a cap set on the interest and fees charged on high-cost short-term loans after a review concluded it had benefited consumers.’

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OUT-LAW.com, 31st July 2017

Source: www.out-law.com

The price of Justice – UK Human Rights Blog

Posted July 28th, 2017 in constitutional law, employment tribunals, fees, news, Supreme Court by tracey

‘In R(on the application of UNISON) v Lord Chancellor [2017] UKSC 51, the Supreme Court gave an important judgment regarding the importance of access of justice. The Supreme Court held that the fees imposed by the Lord Chancellor in employment tribunal and employment appeal tribunal cases were unlawful.’

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UK Human Rights Blog, 27th July 2017

Source: ukhumanrightsblog.com

Unison v Lord Chancellor: the things that landmark constitutional cases are made of – UCL Constitution Unit

Posted July 28th, 2017 in constitutional law, employment tribunals, fees, news, Supreme Court by tracey

‘On Wednesday the UK Supreme Court ruled court fees for claims before employment tribunals, introduced by the coalition government in 2013, to be illegal. Christina Lienen argues that this judgement is likely to join the ranks of landmark constitutional decisions, given its characterisation of the UK constitution as founded in common law and therefore in the hands of judges rather than politicians.’

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UCL Constitution Unit, 28th July 2017

Source: constitution-unit.com

Blunders behind NHS baby deaths risk cover-ups under new plans – Daily Telegraph

Posted July 28th, 2017 in birth, costs, fees, hospitals, negligence, news by tracey

‘NHS blunders which leave babies stillborn will be brushed under the carpet under government plans to limit legal fees, safety campaigners have warned.’

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Daily Telegraph, 27th July 2017

Source: www.telegraph.co.uk

UK litigation ‘cost effective’, LCJ declares – Law Society’s Gazette

Posted July 26th, 2017 in costs, EC law, enforcement, fees, news by sally

‘Litigation costs are more favourable in the UK than elsewhere, the lord chief justice has said, outlining an optimistic view of the UK’s legal reputation post Brexit.’

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Law Society's Gazette, 25th July 2017

Source: www.lawgazette.co.uk

Supreme Court rules employment tribunal fees are unlawful – The Independent

Posted July 26th, 2017 in employment tribunals, fees, news, Supreme Court by sally

‘The Supreme Court has ruled that workplace tribunal fees are unlawful, forcing the Government to repay more than £27m paid by employees for cases around unfair dismal, discrimination and other workplace issues since July 2013.’

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The Independent, 26th July 2017

Source: www.independent.co.uk

Court of Appeal rejects bid to invalidate CFAs signed at “chaotic” meeting of class action members – Litigation Futures

Posted July 25th, 2017 in appeals, class actions, consumer protection, contracts, fees, news by sally

‘The Court of Appeal has dismissed a technical challenge to conditional fee agreements (CFAs) signed by members of a class action during a meeting organised for that purpose.’

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Litigation Futures, 25th July 2017

Source: www.litigationfutures.com

£14bn group action kicked out of court – Law Society’s Gazette

‘A record-breaking collective claim against MasterCard was thrown out by the Competition Appeal Tribunal today in a major blow to the growth of funded class actions in the UK. The case, brought by former financial services ombudsman Walter Merricks on behalf of 46 million consumers who were alleged to be victims of excess ‘interchange fees’ charged by card companies, claimed £14bn in damages. It was the largest sum claimed in English legal history.’

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Law Society's Gazette, 21st July 2017

Source: www.lawgazette.co.uk

Council victorious in appeal over sex shop licensing fees – OUT-LAW.com

‘Westminster City Council can recover “reasonable” licensing fees and enforcement costs charged to various sex shops in Soho, London, even though these fees were later found to be in breach of an EU directive, the UK’s highest court has ruled.’

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OUT-LAW.com, 21st July 2017

Source: www.out-law.com

Westminster Council wins Hemming appeal at the Supreme Court – Local Government Lawyer

Posted July 21st, 2017 in fees, licensing, local government, news, sex establishments by tracey

‘The City of Westminster Council has won a key victory at the Supreme Court in the long-running battle over the level of fees that local authorities can charge licensed premises.’

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Local Government Lawyer, 20th July 2017

Source: www.localgovernmentlawyer.co.uk

Court Service records £100m ‘profit’ from civil litigation for first time – Litigation Futures

Posted July 19th, 2017 in civil justice, courts, fees, news, reports, statistics by sally

‘The civil courts recorded a surplus of more than £100m in 2016-17, their biggest profit to date, according to the annual report of HM Courts and Tribunals Service (HMCTS).’

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Litigation Futures, 18th July 2017

Source: www.litigationfutures.com

Expert witness wins apology and payment from Legal Aid Agency – Law Society’s Gazette

Posted July 18th, 2017 in complaints, expert witnesses, fees, legal aid, news, ombudsmen, reports by tracey

‘The Legal Aid Agency has been told to directly apologise and pay £10,000 to an expert witness in immigration cases for causing him distress, inconvenience and financial loss by excessively auditing his bills.’

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Law Society's Gazette, 17th July 2017

Source: www.lawgazette.co.uk

News focus: Wish you weren’t here – Law Society’s Gazette

Posted July 17th, 2017 in costs, fees, fraud, holidays, insurance, news, personal injuries by tracey

‘Personal injury (PI) lawyers may have experienced a powerful sense of deja vu last week when the government announced a review of fees in holiday sickness claims. The same apocalyptic warnings of rampant fraud; the same incessant lobbying from a trade body. And ultimately the same solution – fixed costs – provided by ministers who would rather the whole thing just went away.’

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Law Society's Gazette, 17th July 2017

Source: www.lawgazette.co.uk

“Perception” of high cost discouraging family law clients from going direct to barristers – Legal Futures

Posted July 12th, 2017 in barristers, family courts, fees, news, solicitors by sally

‘There is a “clear perception” among most family law clients that barristers are more expensive than solicitors and other legal services providers, major research commissioned by the Bar Standards Board has found.’

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Legal Futures, 12th July 2017

Source: www.legalfutures.co.uk

Matthew Taylor report: Government should look at reducing the cost of employment tribunal fees – The Independent

‘Government officials should look at reducing the cost of employment tribunal fees, according to Matthew Taylor, who today publishes a long-awaited review into employment rights of workers in the gig economy.’

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The Independent, 11th July 2017

Source: www.independent.co.uk

Court of Appeal begins hearing CFA assignment case – Litigation Futures

Posted July 6th, 2017 in agreements, appeals, fees, law firms, news, personal injuries by sally

‘The profession should soon have an answer to the question of when a conditional fee agreement (CFA) can be assigned from one law firm to another as the Court of Appeal is hearing a test case today.’

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Litigation Futures, 5th July 2017

Source: www.litigationfutures.com

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.’

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Litigation Futures, 20th June 2017

Source: www.litigationfutures.com