Court of Appeal: broadly-worded settlement clause precluded later claim for negligence – OUT-LAW.com

Posted February 14th, 2018 in contracts, fees, interpretation, negligence, news, solicitors by michael

“A broadly-worded settlement clause between a London law firm which sued its former client for unpaid fees was sufficient to prevent a later claim for negligence, the Court of Appeal has confirmed.”

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OUT-LAW.com, 13th February 2018

Source: www.out-law.com

“Regretful” Court of Appeal rejects media firm’s bid to recover huge costs bill – Litigation Futures

Posted February 9th, 2018 in costs, fees, injunctions, legal services, news by tracey

‘The Court of Appeal has upheld a decision that a leading media law firm could not recover hundreds of thousands of pounds in costs because its conditional fee agreement (CFA) did not cover much of the work it undertook.’

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Litigation Futures, 8th February 2018

Source: www.litigationfutures.com

CoA rules £70m negligence claim blocked by settlement agreement – Law Society’s Gazette

Posted February 9th, 2018 in contracts, fees, interpretation, negligence, news, solicitors by tracey

‘The Court of Appeal has ruled that a firm cannot be sued for negligence after parties had signed a covenant as part of a settlement agreement.’

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Law Society's Gazette, 9th February 2018

Source: www.lawgazette.co.uk

Rebuke for law firm that paid £215,000 for referrals from unauthorised CMC – Legal Futures

Posted January 31st, 2018 in claims management, fees, law firms, news, personal injuries by sally

‘A north-west law firm has been rebuked after paying more than £200,000 to an unauthorised claims management company for personal injury (PI) referrals.’

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Legal Futures, 31st January 2018

Source: www.legalfutures.co.uk

‘Only solicitors can determine what is a bill’ – High Court throws out challenge – Law Society’s Gazette

Posted January 24th, 2018 in costs, documents, fees, news, solicitors by tracey

‘The High Court has told a law firm’s former client that she was not entitled to treat a document included in a general file as a costs bill. The decision in the Sheffield District Registry of the High Court will be welcomed by firms seeking reassurance about the nature of costs bills and when they are to be considered as delivered.’

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Law Society's Gazette, 24th January 2018

Source: www.lawgazette.co.uk

Ministry of Justice pays out nearly £2m in first two months of employment tribunal fee refund scheme – Litigation Futures

Posted January 22nd, 2018 in employment tribunals, fees, news, repayment by sally

‘The government repaid £1.8m to employment tribunal claimants in the first two months of the scheme set up in the wake of the Supreme Court ruling tribunal fees unlawful, it has revealed.’

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Litigation Futures, 19th January 2018

Source: www.litigationfutures.com

“Not unreasonable” for solicitors to switch from DBA to CFA shortly before trial – Litigation Futures

Posted January 19th, 2018 in costs, damages, fees, news, solicitors by tracey

‘Claimants did not act unreasonably in switching funding from a damages-based agreement (DBA) to a conditional fee agreement (CFA) shortly before trial, even though the defendants are now facing a much larger bill, a costs judge has ruled.’

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Litigation Futures, 18th January 2018

Source: www.litigationfutures.com

Bar Council lashes BSB over price publication plans – Legal Futures

Posted January 11th, 2018 in barristers, complaints, consultations, fees, news, publishing by tracey

‘The Bar Council has strongly attacked plans by the Bar Standards Board (BSB) to force barristers to publish prices and internal complaints records.’

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Legal Futures, 11th January 2018

Source: www.legalfutures.co.uk

Divorce in the era of cryptocurrency: Bitcoin and non-disclosure – Family Law

Posted January 11th, 2018 in disclosure, divorce, fees, internet, news by tracey

‘Bitcoin is a form of digital currency developed in 2009. It is created and held electronically in a decentralized system meaning that no one and no government controls it. Bitcoins aren’t printed but are ‘mined’ by both people and businesses using software that solves complex mathematical problems. Prone to volatility, Bitcoin hit the news last month after it reached an all-time high then dropped in value by almost 20% in a time period of only 90 minutes. Despite its erratic nature, the interest and investment in Bitcoin is rapidly growing and with more people holding Bitcoin, it is likely to be a far more common asset in divorce proceedings. Further, the extra privacy given to Bitcoin holders, as opposed to those who hold money in a bank, has led to many discussions on whether it will be the case that non-disclosers in divorce proceedings will increasingly try to hide assets through Bitcoin.’

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Family Law, 11th January 2018

Source: www.familylaw.co.uk

Cost of divorce up 17% in three years amid soaring legal fees and housing costs – The Independent

Posted January 11th, 2018 in costs, divorce, fees, housing, news, reports by tracey

‘Separating couples now typically spend £14,561 on lawyers and lifestyle costs, plus an additional £35,000 to rent or £144,600 to buy new property.’

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The Independent, 11th January 2018

Source: www.independent.co.uk

Professional negligence round up: what were the key areas of development in 2017 and what are the battlegrounds for the future? – 4 New Square

Posted January 9th, 2018 in fees, negligence, news, solicitors by sally

‘2017 was a particularly significant year for professional liability cases, with a handful of problematic areas of the law receiving repeated consideration by the courts. Below we set out our thoughts on how the law has changed or been reaffirmed in these areas, explain whether there have been any discernible shifts in policy and identify further points ripe for dispute and development in 2018.’

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4 New Square, 4th January 2018

Source: www.4newsquare.com

Put constitutional right of access to justice at heart of LASPO review, MPs say – Legal Futures

‘The government review of its legal aid reforms should reflect this summer’s Supreme Court ruling on access to justice as a constitutional right, the justice select committee said.’

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Legal Futures, 21st December 2017

Source: www.legalfutures.co.uk

Tribunal fee repayment scheme to last two years and cost £2m to run – Litigation Futures

Posted December 20th, 2017 in employment tribunals, fees, news, repayment by sally

‘Repaying fees to employment tribunal claimants will continue for up to two years and cost the Ministry of Justice (MoJ) between £1.8m and £2m to administer, it has emerged.’

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Litigation Futures, 20th December 2017

Source: www.litigationfutures.com

Businesses fear rise in ‘vexatious’ tribunal claims – Law Society’s Gazette

Posted December 20th, 2017 in employment tribunals, fees, news, vexatious litigants by sally

‘Nine out of 10 companies believe that the removal of employment tribunal fees will lead to a rise in weak or misguided claims, a survey for an employers’ lobby group has concluded.’

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Law Society's Gazette, 19th December 2017

Source: www.lawgazette.co.uk

Employment tribunal cases ‘double’ since Unison judgment – Law Society’s Gazette

Posted December 13th, 2017 in employment tribunals, fees, news, statistics by sally

‘The number of employment tribunal claims being brought has doubled in some areas since the Supreme Court declared the government’s tribunal fees unlawful, users have reported.’

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Law Society's Gazette, 12th December 2017

Source: www.lawgazette.co.uk

Court of Appeal upholds assignments of pre-LASPO CFAs – 4 New Square

Posted December 11th, 2017 in agreements, appeals, assignment, contracts, costs, fees, judgments, law firms, news by sally

‘Today [5 December] the Court of Appeal gave it’s eagerly awaited judgment in Budana v The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980. Overturning the decision of DJ Besford in the County Court at Kingston-Upon-Hull, the court ruled that a pre-LASPO CFA could validly be transferred from one firm of solicitors to another, even after 1 April 2013, in such a way as to preserve the right to recover success fees and ATE premiums, provided all three parties (client and both firms) expressly so agreed.’

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4 New Square, 5th December 2017

Source: www.4newsquare.com

Budana v The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980 – Hailsham Chambers

Posted December 8th, 2017 in assignment, costs, fees, news, solicitors by sally

‘In a much anticipated decision, the Court of Appeal has held that a pre-LASPO CFA can be transferred from one firm of solicitors to another – even post – LASPO – without losing the right to recover success fees from the defendant. The decision depended highly on policy considerations. It will be welcomed by solicitors who in a wide variety of circumstances have been party to such transfers.’

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Hailsham Chambers, 7th December 2017

Source: www.hailshamschambers.com

Forcing law firms to publish prices could make consumers focus just on cost, Law Society warns – Legal Futures

Posted December 7th, 2017 in consumer protection, fees, law firms, news, publishing by sally

‘Forcing law firms to publish prices could “bias” clients in favour of choosing their solicitor on price rather than quality or consumer protection, the Law Society has warned.’

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Legal Futures, 7th December 2017

Source: www.legalfutures.co.uk

To Me …To You… – Assign of Things To Come – Budana and CFA Assignment in the Court of Appeal – Zenith PI Blog

Posted December 7th, 2017 in appeals, fees, law firms, news by sally

‘The Court of Appeal has handed down its long-awaited judgment in the case of Alina Budana (Appellant) v Leeds Teaching Hospitals NHS Trust (Respondent) & Law Society (Intervener) [2017] EWCA Civ 1980.’

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Zenith PI Blog, 7th December 2017

Source: zenithpi.wordpress.com

Council defeats High Court challenge over care home fees increase – Local Government Lawyer

Posted December 7th, 2017 in appeals, care homes, fees, local government, news by sally

‘Essex County Council has successfully defended a judicial review challenge to the fees it proposed paying to operators of care homes.’

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Local Government Lawyer, 7th December 2017

Source: www.localgovernmentlawyer.co.uk