“Disproportionate” to strike out claim for late payment of court fees – Litigation Futures

Posted December 10th, 2019 in fees, news, striking out, time limits by sally

‘Striking out a £120,000 claim for late payment of court fees was disproportionate and the claimant was entitled to relief from sanctions, the High Court has ruled.’

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Litigation Futures, 10th December 2019

Source: www.litigationfutures.com

Supreme Court to review equitable lien ruling – Litigation Futures

Posted December 6th, 2019 in airlines, compensation, delay, equity, fees, news, Supreme Court by sally

‘The Supreme Court is to review a controversial ruling that a law firm handling uncontested flight delay claims was not conducting litigation and so did not have an equitable lien over the compensation.’

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Litigation Futures, 5th December 2019

Source: www.litigationfutures.com

High Court: CFA was a contentious business agreement – Litigation Futures

Posted November 26th, 2019 in costs, fees, news, solicitors by tracey

‘A conditional fee agreement (CFA) can be a contentious business agreement (CBA) under the Solicitors Act 1974, the High Court has ruled.’

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Litigation Futures, 26th November 2019

Source: www.litigationfutures.com

Secret Commissions: Wood v Commercial First Business – Case Analysis – Forum Chambers

Posted November 20th, 2019 in agency, disclosure, fees, forgery, limitations, loans, mortgages, news, rescission by sally

‘This note is essential reading for mortgage providers, brokers and any practitioners with a practice or interest in civil fraud as the case constitutes perhaps the most detailed review of the law on secret commissions to date. In particular, it addresses the distinction between full secret commissions and so-called half-secret commissions where there is a partial disclosure. It clarifies the law in the area and solidifies the basis for a broker being held liable where a commission is only partially disclosed.’

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Forum Chambers, 12th November 2019

Source: www.forumchambers.com

Can You Keep A Half Secret? (Wood v Commercial First) – New Square Chambers

Posted November 19th, 2019 in agency, disclosure, fees, forgery, limitations, loans, mortgages, news, rescission by sally

‘The dispute centred around a mortgage broker receiving both a fee from the borrower and a commission from the lender. Mrs Wood obtained two mortgages and a further advance secured over her two farms from Commercial First Business Limited (“CF”), a provider of unregulated secured loans to commercial borrowers. CF only accepted applications via brokers. UK Mortgage and Financial Services Limited (“UKMFS”) acted as broker for Mrs Wood on all three transactions, receiving commissions of £30,600, £57,092.80 and £5,234.22 respectively. CF entered into securitisation agreements assigning the loans to various assignees prior to entering CVL.’

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New Square Chambers, 5th November 2019

Source: www.newsquarechambers.co.uk

Solicitor tried to take unfair advantage of other lawyer’s error – Legal Futures

‘A solicitor discarded an undertaking he had given and tried to take advantage of a mistake made by the law firm on the other side of a conveyancing transaction, it has emerged.’

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Legal Futures, 15th November 2019

Source: www.legalfutures.co.uk

£500 “not enough” to pay for LiP’s legal advice on settlement – Litigation Futures

Posted November 12th, 2019 in costs, employment tribunals, fees, litigants in person, news, unfair dismissal by sally

‘Employers paying for an employee to speak to a lawyer about settling a dismissal dispute need to stump up significantly more than £500 for proper legal advice, the Employment Appeal Tribunal (EAT) has ruled.’

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Litigation Futures, 12th November 2019

Source: www.litigationfutures.com

District judge disallows court fee as disbursement – Law Society’s Gazette

Posted November 11th, 2019 in costs, fees, law firms, news by sally

‘A county court has disallowed a court fee after finding the claimant had failed to apply for remission. District Judge Jenkinson, sitting at Liverpool County Court, ruled in Stoney v Allianz that the £455 fee was not a disbursement reasonably incurred and was not recoverable.’

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Law Society's Gazette, 11th November 2019

Source: www.lawgazette.co.uk

Aldred v Cham – 4 New Square

Posted November 6th, 2019 in civil procedure rules, costs, fees, news, personal injuries, road traffic by sally

‘In Aldred v Cham [2019] EWCA Civ 1780 the Court of Appeal (Lord Justices McCombe and Coulson and Lady Justice Nicola Davies) considered whether the cost of counsel’s advice relating to the proposed settlement of an RTA claim was a claim for a disbursement which should be allowed in addition to the fixed recoverable costs (“FRC”) provided for under CPR 45.29C and Table 6B because it was “reasonably incurred due to a particular feature of the dispute”. This case has provided welcome clarity in a previously much disputed area.’

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4 New Square, 29th October 2019

Source: www.4newsquare.com

Drone registration made compulsory as UK scheme launches – The Guardian

Posted November 5th, 2019 in aircraft, fees, fines, news by sally

‘Drone users in the UK must now sit an online test and pay a £9 annual fee or face a £1,000 fine after the launch of a mandatory national registration scheme on Tuesday.’

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The Guardian, 5th November 2019

Source: www.theguardian.com

Moving Inevitably On: A Fixed Future on the Fast Track – No. 5 Chambers

Posted October 31st, 2019 in consultations, costs, fees, news by sally

‘Although to all outward appearances the machinery of government appears to have ground to halt, fixated with only resolving that one conundrum with an outcome which is far from certain, the Ministry of Justice appears not only immune to the partial paralysis, but intends to give certainty in an uncertain world – at least the world of costs. Though delays abound, the inexorable march forward with Sir Rupert Jackson’s 2017 proposals continues.’

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No. 5 Chambers, 8th October 2019

Source: www.no5.com

Counsel’s fee in portal drop-out case included in fixed costs – Litigation Futures

‘Counsel’s fees for an opinion on quantum in a traffic accident involving a child are included in the fixed costs for the case and cannot be claimed separately, the Court of Appeal has ruled.’

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Litigation Futures, 30th October 2019

Source: www.litigationfutures.com

Legal Expenses and Variations for Living Expenses in Account Freezing Orders (AFOS) – Drystone Chambers

Posted October 29th, 2019 in expenses, fees, freezing injunctions, news, proceeds of crime by sally

‘This article will deal with how to withdraw legal and living expenses from an Account Freezing Order (‘AFO’). Like all freezing or restraint proceedings under the Proceeds of Crime Act 2002 (‘POCA’), living expenses can be paid from the account where they are reasonable and continue the current lifestyle of the owner of the account.’

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Drystone Chambers, October 2019

Source: drystone.com

‘The Death Clause’ – can basic charges be recovered under a Conditional Fee Agreement in the event of a client’s death? – 4 New Square

Posted October 29th, 2019 in asbestos, costs, fees, industrial injuries, law firms, news by sally

‘On Thursday 24 October 2019, Mr Justice Pushpinder Saini handed down his judgment in Higgins & Co Lawyers Ltd v Evans [2019] EWHC 2809 (QB), an appeal from a decision of Master McCloud sitting in the SCCO. Roger Mallalieu appeared for the successful Appellant. Simon Teasdale explains the facts, the court’s rulings and the implications of the decision.’

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4 New Square, 29th October 2019

Source: www.4newsquare.com

Law firm entitled to fees from CFA after claimant’s death – Litigation Futures

Posted October 29th, 2019 in asbestos, costs, fees, industrial injuries, law firms, news by tracey

‘A law firm which guaranteed clients there would be “no hidden, nasty surprises” could claim over £30,000 in fees from the estate of a deceased asbestosis claimant, the High Court has ruled.’

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Litigation Futures, 29th October 2019

Source: www.litigationfutures.com

University of Law slashes price of bar training course – Law Society’s Gazette

Posted October 23rd, 2019 in barristers, fees, inns of court, legal education, news, universities by tracey

‘The University of Law has dramatically reduced the price of its bar training course to make it “more accessible and affordable” – after the Inns of Court pledged to deliver a cheaper course for aspiring barristers earlier this year.’

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Law Society's Gazette, 22nd October 2019

Source: www.lawgazette.co.uk

‘Hot courting’ is causing havoc, says criminal bar – Law Society’s Gazette

‘So-called “hot courting” is delaying trials and fuelling job insecurity for barristers, the criminal bar has warned. Caroline Goodwin QC, chair of the Criminal Bar Association, said that the practice of different judges using the same courtroom back-to-back has caused backlogs of cases – just for the sake of “saving electric”.’

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Law Society's Gazette, 22nd October 2019

Source: www.lawgazette.co.uk

High Court upgrades solicitor’s “lenient” fine to strike-off – Legal Futures

Posted October 21st, 2019 in deceit, disciplinary procedures, fees, fines, licensing, news, solicitors by sally

‘The Solicitors Disciplinary Tribunal (SDT) was too lenient in only fining a solicitor who had clients pay money into his personal bank account, High Court has ruled.’

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Legal Futures, 21st October 2019

Source: www.legalfutures.co.uk

CJC group fails to agree fixed costs for clin neg cases – Litigation Futures

‘The working group charged with agreeing fixed recoverable costs (FRCs) for clinical negligence claims worth up to £25,000 has been unable to do so, although it has made progress on process changes.’

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Litigation Futures, 16th October 2019

Source: www.litigationfutures.com

Charity launches legal action against NHS fees for pregnant migrants – The Guardian

Posted October 17th, 2019 in charities, fees, immigration, news, pregnancy by sally

‘A charity has launched a legal challenge against the policy of charging vulnerable migrant women £7,000 or more to access NHS maternity care.’

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The Guardian, 16th October 2019

Source: www.theguardian.com