‘The ban on conditional fee agreements (CFAs) in family cases should not be read across to third-party litigation funding, the High Court has ruled.’
Litigation Futures, 22nd July 2020
Source: www.litigationfutures.com
‘A damages-based agreement (DBA) was not unenforceable because it obliged the client to pay incurred costs and expenses when she exercised her contractual right of termination, the High Court has ruled.’
Litigation Futures, 13th July 2020
Source: www.litigationfutures.com
‘On 17 June 2020, the Supreme Court (Lords Reed, Hodge, Lloyd-Jones, Sales and Hamblen) handed down a landmark judgment on whether certain fees which are paid by merchants to banks under the Visa and Mastercard payment card schemes breach competition law. The judgment finally settles years of litigation in the UK courts, and deep divisions in the rulings which had been given in the lower courts and tribunals. It is also the first judgment of the Supreme Court dealing with the Court of Appeal’s powers of remittal.’
Monckton Chambers, July 2020
Source: www.monckton.com
‘The Court of Appeal has upheld a ruling that a negligence claim brought by a woman against her law firm over its work on her divorce was out of time.’
Legal Futures, 8th July 2020
Source: www.legalfutures.co.uk
‘There is no doubt that contentious probate work is growing. We do not like paying more than a couple of hundred pounds for a will, but then are seemingly happy to spend thousands taking our relatives to court, and the two do not sit happily together.’
Legal Futures, 6th July 2020
Source: www.legalfutures.co.uk
‘The general rule in civil litigation is that costs “follow the event”. In an article I wrote for the special issue of Civil Justice Quarterly on Civil Litigation Costs, Vol. 32 pages 109-312 Issue 2 2013, I discussed the negative impact that this rule can have on access to justice: not only is the losing party hit with two bills rather than one, but the losing party has no direct control over the costs incurred by the successful party.’
Pallant Chambers, 26th June 2020
Source: www.pallantchambers.co.uk
‘The Appellant (“the taxpayer”) operates bingo clubs. Customers pay a fee, which entitles them to play in a number of bingo games (collectively, a “session”). The present dispute arises from a change in guidance given by HMRC about how participation fees should be calculated. Until 2007, the guidance stated that bingo promoters should calculate the participation fees separately for each game. In February 2007, HMRC issued Business Brief 07/07, which stated that participation fees should be calculated on a session by session basis.’
UKSC Blog, 24th June 2020
Source: ukscblog.com
‘A claimant has lost all of his remaining entitlement to costs because of misconduct during the assessment process.’
Litigation Futures, 19th June 2020
Source: www.litigationfutures.com
‘A senior costs judge has ruled that a client should be allowed a closer analysis of 14 invoices issued by her solicitors over the course of a year.’
Law Society's Gazette, 16th June 2020
Source: www.lawgazette.co.uk
‘The news comes with the regulator planning to step up its checks.’
Legal Futures, 15th June 2020
Source: www.legalfutures.co.uk
‘The Family Division has determined that a claimant’s success fee should be awarded to her as part of her award under the Inheritance (Provision for Family and Dependants) Act 1975.’
New Square Chambers, June 2020
Source: www.newsquarechambers.co.uk
‘The Supreme Court last week heard Mastercard’s appeal seeking to prevent a proposed class action on behalf of 46 million consumers valued at £14 billion from proceeding against it. The case is interesting not merely from the perspective of whether the “juggernaut” of a claim should proceed against Mastercard but also because of its impact on other competition law class actions waiting in the wings and its influence more generally on how the fledgling competition law class action regime will develop in the UK.’
Exchange Chambers, 22nd May 2020
Source: www.exchangechambers.co.uk
‘The lockdown has posed inordinate challenges for education – with schools and universities adjusting to remote learning on extremely short notice. For private schools and universities, there have been tough choices between furloughing staff, deciding which lessons and courses to continue and justifying the level of fees, when many parents are in financial difficulty themselves. Boarding schools and universities have additional problems as they have a high level of sunk costs in infrastructure for overseas students that, at present, are not allowed to travel.’
Monckton Chambers, 19th May 2020
Source: www.monckton.com
‘The Supreme Court has called on the Civil Procedure Rules Committee to review the issue of whether disbursements should be payable separately in fixed-cost personal injury cases.’
Litigation Futures, 21st May 2020
Source: www.litigationfutures.com
‘A court ruling has given hope to thousands of migrants, including health and care workers, that they will no longer have to pay visa and NHS surcharge fees if they cannot afford them.’
The Guardian, 21st May 2020
Source: www.theguardian.com
‘Conditional fee agreements have been a facet of contentious probate and estates litigation for many years and are, in many cases, the only realistic way for disappointed beneficiaries to fund litigation. This is particularly true of claims under the Inheritance (Provision for Family and Dependants) Act 1975.’
St John's Buildings, May 2020
Source: stjohnsbuildings.com
‘A High Court judge has been forced to issue a detailed judgment in writing because his voice was “breaking up” at the end of a telephone hearing with a litigant in person (LiP) and the law firm suing her for fees.’
Legal Futures, 13th May 2020
Source: www.legalfutures.co.uk
‘Two fee-earners are not needed for attending a witness or client – and you cannot charge for solicitors travelling to clients.’
Law Society's Gazette, 20th April 2020
Source: www.lawgazette.co.uk
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