High Court backs bankrupt barrister in fees battle – Legal Futures

Posted August 16th, 2018 in bankruptcy, barristers, disciplinary procedures, fees, fines, news by sally

‘Any fees not yet paid to a barrister at the time of his bankruptcy do not vest in his trustee in bankruptcy if they arise on a non-contractual basis, the High Court has ruled.’

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Legal Futures, 16th August 2018

Source: www.legalfutures.co.uk

Service not included – Nearly Legal

Posted August 10th, 2018 in fees, housing, licensing, local government, news by sally

‘The issue was the level of fees charged by LB Richmond on Thames for an HMO licence. LB Richmond maintained that the fee level could be set at a level designed to cover not only the costs of processing his application but also to contribute towards the costs of LB Richmond running its HMO licensing scheme more generally, including enforcement. Mr G, the landlord, maintained that the fee could only be set at a level covering the costs of processing the application.’

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Nearly Legal, 9th August 2018

Source: nearlylegal.co.uk

R (Gaskin) v Richmond upon Thames LBC – Arden Chambers

Posted August 9th, 2018 in fees, housing, landlord & tenant, licensing, news by sally

‘The Administrative Court has held that a person who owns, and lets out rooms in, a House in Multiple Occupation (“HMO”) provides a service for the purposes of EU Directive 2006/123/EC (the “Directive”) and the Provision of Services Regulations 2009, SI 2009/2999 (the “Regulations”), and that the HMO licensing scheme under Part 2, Housing Act 2004 is an “authorisation scheme” for the purposes of the Directive and Regulations. The decision of the CJEU in R (Hemming t/a Simply Pleasure) v Westminster CC [2017] 3 WLR 317, therefore applies to the fees that may be charged on a Part 2 licensing application, so that where a local authority demanded payment on application of an upfront fee which covered not merely the costs of processing the application, but also the costs of administering and enforcing the scheme, the fee was unlawful.’

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Arden Chambers, 31st July 2018

Source: www.ardenchambers.com

Senior judge warns experts over conditional fee agreements – Litigation Futures

Posted August 9th, 2018 in disciplinary procedures, expert witnesses, fees, news by tracey

‘The president of the Upper Tribunal’s Lands Chamber has warned expert witnesses that it could refer them to their professional bodies if they break the rules on conditional fees.’

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Litigation Futures, 8th August 2018

Source: www.litigationfutures.com

One year on: 80% of tribunal refunds unpaid – Law Society’s Gazette

Posted August 1st, 2018 in delay, employment tribunals, fees, news, repayment by sally

‘Thousands of claimants who paid fees to bring an employment tribunal claim continue to be out of pocket one year on from a damning Supreme Court ruling that rendered fees unlawful.’

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Law Society's Gazette, 30th July 2018

Source: www.lawgazette.co.uk

High Court rejects MRO’s bid for summary judgment over £1.6m “owed” by law firm – Litigation Futures

Posted July 31st, 2018 in contracts, fees, law firms, news, summary judgments by sally

‘The High Court has rejected an application for summary judgment by a medical reporting agency seeking to reclaim almost £1.6m in fees from a law firm.’

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Litigation Futures. 30th July 2018

Source: www.litigationfutures.com

Court of Appeal to rule on 100% success fee model for low-value PI claims – Litigation Futures

Posted July 27th, 2018 in fees, news, personal injuries, small claims by sally

‘The Court of Appeal is to rule on the legality of what has become the industry model for handling low-value personal injury claims, with firms charging clients a 100% success fee as standard.’

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Litigation Futures, 26th July 2018

Source: www.litigationfutures.com

Criminal solicitors in England and Wales challenge cut to fees – The Guardian

Posted July 18th, 2018 in criminal justice, fees, news, solicitors by tracey

‘Criminal solicitors have had their fees for reading large quantities of crown court evidence cut by up to 37% under changes imposed by the Ministry of Justice, the high court has heard.’

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The Guardian, 17th July 2018

Source: www.theguardian.com

UK fertility regulator to issue new rules on expensive IVF add-ons – The Guardian

Posted July 9th, 2018 in assisted reproduction, consumer protection, fees, news by sally

‘IVF patients will need to be told when expensive “add-ons” to fertility treatments are not likely to be effective, under new rules due to be issued to clinics later this year.’

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The Guardian, 9th July 2018

Source: www.theguardian.com

We got it wrong: MoJ admits overcharging for court fees – Law Society’s Gazette

Posted July 5th, 2018 in courts, fees, Ministry of Justice, news by tracey

‘The Ministry of Justice has admitted overcharging for a string of different court fees – with the lost income from reducing the fees set to cost around £9m a year. The announcement follows the Gazette’s revelation that some personal injury claimants had been overcharged by more than £100 for starting proceedings in the High Court and County Court since 2016.’

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Law Society's Gazette, 4th July 2018

Source: www.lawgazette.co.uk

Solicitors are now “dairy farmers” of PI market as numbers fall – Legal Futures

‘The number of law firms specialising in personal injury (PI) work has fallen by 10% over the past two years, it has been revealed, with one leading practitioner describing solicitors now as the “dairy farmers” of the market due to their declining influence.’

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Legal Futures, 2nd July 2018

Source: www.legalfutures.co.uk

“Poorly drafted” CFA that named wrong defendant still valid, Court of Appeal rules – Litigation Futures

Posted June 20th, 2018 in contracts, drafting, fees, interpretation, news by sally

‘A conditional fee agreement (CFA) that named the wrong defendant was still valid when read in the wider context of the claim, the Court of Appeal has ruled.’

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Litigation Futures, 20th June 2018

Source: www.litigationfutures.com

52:48 again – criminal barristers vote to accept government legal aid deal – Legal Futures

Posted June 13th, 2018 in barristers, criminal justice, fees, legal aid, news by sally

‘The criminal Bar has narrowly voted to accept the government’s offer of £15m additional funding for the advocates’ graduated fee scheme, a result described as “neither a defeat nor a victory”.’

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Legal Futures, 12th June 2018

Source: www.legalfutures.co.uk

Bar Council chair says he would vote for government’s criminal legal aid deal – Legal Futures

Posted June 8th, 2018 in barristers, criminal justice, fees, legal aid, news by sally

‘The chairman of the Bar Council said yesterday that he would support the £15m deal being offered by the Ministry of Justice (MoJ) to end the action over criminal legal aid fees, as barristers began voting on whether to accept it.’

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Legal Futures, 8th June 2018

Source: www.legalfutures.co.uk

Solicitor who attributed false legal aid claims to depression struck off – Legal Futures

Posted June 4th, 2018 in disciplinary procedures, fees, legal aid, news, solicitors by sally

‘A criminal defence solicitor has been struck off for dishonestly claiming £7,000 from the legal aid fund and falsifying documents to cover up his mistakes in double-booking advocates – at a time when he said he was suffering from severe depression which led him to drink and take un-prescribed drugs.’

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Legal Futures, 4th June 2018

Source: www.legalfutures.co.uk

Capita faces legal action after hitting graduates with bills for thousands when they try to leave – The Independent

Posted June 4th, 2018 in contracting out, fees, news, penalties by sally

‘Naive or desperate graduates subjected to ‘desperate unfairness’ under ‘astonishingly asymmetric’ contract, says barrister leading case.’

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The Independent, 2nd June 2018

Source: www.independent.co.uk

Private hire vehicle operators lose High Court battle over TfL fee changes – Local Government Lawyer

Posted May 31st, 2018 in consultations, fees, licensing, London, news, taxis, transport by sally

‘A High Court judge has rejected a legal challenge brought by private hire vehicle operators over changes introduced by Transport for London to its licensing fees structure.’

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Local Government Lawyer, 31st May 2018

Source: www.localgovernmentlawyer.co.uk

Forthcoming law (and informed consent) – Nearly Legal

Posted May 29th, 2018 in bills, estate agents, fees, housing, landlord & tenant, news by sally

‘The Tenant Fees Bill has had its second reading. The current Bill and its progress are here. There is a lot to digest in the Bill and I suspect there will be amendments on route. There are a whole new range of civil penalties, possible offences and restrictions on service of a section 21 forthcoming.’

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Nearly Legal, 28th May 2018

Source: nearlylegal.co.uk

Gauke: criminal bar’s action to disrupt the courts is unacceptable – Law Society’s Gazette

Posted May 24th, 2018 in barristers, criminal justice, fees, industrial action, legal aid, news by tracey

‘A dispute between the government and the criminal bar over legal aid fees shows no signs of being resolved soon, after the lord chancellor said he was disappointed by the action being taken by advocates and declaring that any disruption to the courts is “unacceptable”‘.

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Law Society's Gazette, 24th May 2018

Source: www.lawgazette.co.uk

Government defeats bid to annul legal aid reform as MPs call for more support for criminal Bar – Legal Futures

Posted May 9th, 2018 in barristers, criminal justice, diversity, fees, legal aid, news by tracey

‘The government yesterday defeated a Labour attempt to annul the legislation changing the scheme through which criminal defence advocates are paid for carrying out publicly funded work in the Crown Court, which has led to over 100 chambers declining instructions.’

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Legal Futures, 9th May 2018

Source: www.legalfutures.co.uk