NHS trusts wrongly billing vulnerable migrants for maternity care, says charity – The Guardian

‘NHS trusts are wrongly hounding vulnerable migrant women for payment of bills of thousands of pounds for maternity care, according to a report.’

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The Guardian, 17th September 2021

Source: www.theguardian.com

First Tier Tribunal wrongly struck out landlord penalty appeal after solicitor failed to pay hearing fee, Upper Tribunal rules – Local Government Lawyer

‘A private landlord will have her appeal of a £7,000 penalty for failure to license a house in multiple occupation (HMO) decided by a different judge after it was initially refused by the First Tier Tribunal (FTT) because her solicitor failed to pay the hearing fee on time, the Upper Tribunal has ruled.’

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Local Government Lawyer, 7th September 2021

Source: www.localgovernmentlawyer.co.uk

MoJ: “Strong justification” for increasing 129 court fees – Legal Futures

Posted September 1st, 2021 in consultations, courts, fees, Ministry of Justice, news by sally

‘There is “strong justification” for increasing 129 court fees by inflation, backdated to 2016, the Ministry of Justice (MoJ) has said.’

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Legal Futures, 1st September 2021

Source: www.legalfutures.co.uk

High Court uses new guideline rates ahead of formal introduction – Legal Futures

Posted August 24th, 2021 in civil justice, Civil Justice Council, costs, fees, news, solicitors by sally

‘The new guideline hourly rates (GHR) will not formally come into force until 1 October but the High Court yesterday took them into account when dealing with a summary assessment.’

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Legal Futures, 24th August 2021

Source: www.legalfutures.co.uk

Costs judge rejects “regrettable” overcharging allegations – Legal Futures

Posted August 23rd, 2021 in asylum, costs, fees, immigration, law firms, news, professional conduct, solicitors by tracey

‘A judge has rejected claims by the wife of a convicted Kazakh businessman that she was overcharged by a London law firm for her asylum application and described the allegations of misconduct she levelled as “regrettable”.’

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Legal Futures, 23rd August 2021

Source: www.legalfutures.co.uk

Cost of practising as a solicitor set to fall by 6.7% – Legal Futures

‘The cost of practising as a solicitor is to fall by 6.7% in the coming year, although it may have to rise in future once the Law Society sets a new reserves policy.’

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Legal Futures, 20th August 2021

Source: www.legalfutures.co.uk

Civil Justice Council pushes ahead with guideline hourly rates changes – Legal Futures

Posted August 2nd, 2021 in civil justice, consultations, costs, fees, news by sally

‘The Civil Justice Council (CJC) working group charged with reviewing the guideline hourly rates (GHR) has doubled down on its interim recommendations following consultation.’

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Legal Futures, 2nd August 2021

Source: www.legalfutures.co.uk

High Court refuses to let law firm take place of deceased claimant – Legal Futures

Posted July 21st, 2021 in assignment, champerty, costs, damages, fees, law firms, news, third parties by sally

‘A High Court judge has rejected an application by a law firm to substitute itself for a deceased claimant, on the grounds that it would be a form of champerty.’

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Legal Futures, 20th July 2021

Source: www.legalfutures.co.uk

Court blocks firm being substituted into claim of dead client – Law Society’s Gazette

Posted July 21st, 2021 in assignment, champerty, costs, damages, fees, law firms, news, third parties by sally

‘The High Court has refused an application from a London firm to be substituted for their deceased client in a £1.5m litigation claim.’

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Law Society's Gazette, 20th July 2021

Source: www.lawgazette.co.uk

Court refuses to block potential claim against solicitors over fees – Legal Futures

‘The High Court has refused to issue an order to prevent a high-profile collapsed company’s investors from trying in the future to reclaim the legal fees paid by its boss in defending him from a civil claim.’

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Legal Futures, 6th July 2021

Source: www.legalfutures.co.uk

Disabled woman begins legal action over Hampstead ponds fees – The Guardian

‘A woman who swims regularly in the Hampstead ponds is taking legal action against the City of London Corporation, claiming that the new charging regime discriminates against disabled people.’

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The Guardian, 1st July 2021

Source: www.theguardian.com

Medical agency admin fee “not recoverable” as part of fixed costs – Litigation Futures

‘Defendant solicitors have welcomed a ruling that medical agency costs are irrecoverable under the fixed-costs regime.’

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Litigation Futures, 17th June 2021

Source: www.litigationfutures.com

Alastair Richardson: The Legality of Home Office Fees – UK Constitutional Law Association

“Project for the Registration of Children as British Citizens v Secretary of State for the Home Department (PRCBC) concerned a challenge to the lawfulness of fees charged to children applying to be registered as British citizens. The fees have a serious adverse impact on the ability of many children to apply for registration.”

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UK Constitutional Law Association, 26th May 2021

Source: ukconstitutionallaw.org

Extortionist visa application fees caused “colossal interference” with Windrush victim’s right to family life – EIN Blog

Posted May 18th, 2021 in families, fees, human rights, immigration, news, visas by sally

‘Mrs Lynda Mahabir came to the UK as a baby aged two months in 1969. She lived in the UK until 1977 but was forcibly removed by her father to Trinidad in 1977. The Home Office’s failure to document her lawful immigration status meant that she was unable to return to the UK for 41 years, when she was finally granted leave to remain pursuant to the Windrush scheme in 2018. However, the Home Office demanded £22,909 in application fees from her husband and five children (including two minors) and refused to consider their entry visa applications under the Windrush scheme. But the family did not have the £22,909 to pay the Home Office. Sitting as a Deputy High Court Judge, Mr Tim Smith held that the SSHD committed “a colossal interference” in Mrs Mahabir’s right to family life because she either had to forego the remedies the executive had put in place with the express intention of remedying the injustice suffered by her and others like her, or else she had to break up the family. Notably, she broke up the family, hoping that it was only temporary, but in the process she suffered the “colossal interference” with her right to family life identified by Lord Wilson in R (Quila) v SSHD [2012] 1 AC 621. The court noted that by 2018 heartbreaking accounts of the Windrush scandal were reported in the media. The plight of Windrush victims was well known indeed, and these events marked a racist epoch in British history.’

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EIN Blog, 17th May 2021

Source: www.ein.org.uk

High Court upholds judgment on law firms’ unpaid fees – Legal Futures

Posted May 18th, 2021 in default judgments, fees, law firms, news by sally

‘The High Court has rejected a challenge to a judgment in default obtained by two law firms whose retainers were terminated by a Swiss company, leaving Carpmaels & Raynsford with unpaid fees of €201,000 (£172,000) and Collyer Bristow with £320,000.’

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Legal Futures, 18th May 2021

Source: www.legalfutures.co.uk

Judicial guidance on DBAs – Law Society’s Gazette

Posted May 17th, 2021 in appeals, costs, damages, fees, legal representation, news, solicitors by sally

‘In Zuberi v Lexlaw Ltd [2021] EWCA Civ 16, the Court of Appeal has provided important guidance on the nature of damages-based agreements (DBAs). By way of reminder, a DBA is a funding arrangement between a lawyer and a client whereby the lawyer’s fees are dependent upon the success of the case and are determined as a percentage of the damages received by the client. Under a DBA, a lawyer may not recover costs more than the total amount chargeable to the client under the DBA, and will not receive anything in the event that the case is unsuccessful. It should be noted that regulation 4(1) of the Damages-Based Agreements Regulations 2013 does not permit legal representatives to charge costs and expenses if the client terminates the retainer, whereas regulation 8 (which applies only to employment matters) does. This apparent conflict was considered in Zuberi.’

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Law Society's Gazette, 17th May 2021

Source: www.lawgazette.co.uk

Apple accused of breaking UK competition law by overcharging for apps – The Guardian

Posted May 12th, 2021 in class actions, compensation, competition, fees, news, telecommunications by sally

‘Apple is facing a demand for billions of pounds of consumer compensation in a British lawsuit that accuses the company of overcharging users by up to 30% on its App Store.’

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The Guardian, 11th May 2021

Source: www.theguardian.com

Home Office unlawfully stopped family joining Windrush woman, court rules – The Guardian

‘The Home Office unlawfully prevented the children and husband of a Windrush generation woman from joining her in the UK, separating the family for almost three years in a manner the high court ruled represented “a colossal interference” in her right to family life.’

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The Guardian, 6th May 2021

Source: www.theguardian.com

Retaining shares following litigation did not trigger DBA payment – Litigation Futures

Posted May 5th, 2021 in damages, fees, law firms, news, shareholders, solicitors by sally

‘A client who retained shares as part of a settlement but did not recover anything from the other party was not liable to pay his solicitors anything under a damages-based agreement (DBA), the High Court has ruled.’

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Litigation Futures, 4th May 2021

Source: www.litigationfutures.com

Firm’s breach over counterparty’s name caused no loss, rules High Court – Law Society’s Gazette

Posted April 16th, 2021 in compensation, drafting, fees, law firms, negligence, news, solicitors by tracey

‘A firm’s drafting mistake in a standstill agreement was a breach of its duty but caused no loss to the client, a judge has ruled.’

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Law Society's Gazette, 15th April 2021

Source: www.lawgazette.co.uk