McKenzie ban back to drawing board – Law Society’s Gazette

Posted September 18th, 2017 in codes of practice, consultations, fees, judiciary, Law Society, McKenzie friends, news by tracey

‘HM Judiciary is set to reassess some of its proposals for regulating the fast-expanding “McKenzie friend” sector after a consultation on banning fee recovery received “large numbers of responses”.’

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Law Society's Gazette, 15th September 2017

Source: www.lawgazette.co.uk

MoD paid £750,000 on legal fees denying responsibility for soldier deaths – The Guardian

Posted September 12th, 2017 in armed forces, compensation, duty of care, fees, government departments, negligence, news by tracey

‘The UK government spent more than £750,000 on lawyers’ fees trying to deny responsibility for the deaths of soldiers killed in lightly armoured Snatch Land Rovers, a freedom of information request has revealed.’

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The Guardian, 12th September 2017

Source: www.theguardian.com

Don’t reject legal aid application with ‘tick-box’ letter, judge says – Law Society’s Gazette

Posted August 25th, 2017 in documents, expert witnesses, fees, judges, judgments, legal aid, news by sally

‘A family judge has told the Legal Aid Agency not to issue a letter ‘almost akin to a tick-box form’ should it refuse to pay an expert’s fee in a case involving a three-month old boy at the centre of care proceedings.’

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Law Society's Gazette, 24th August 2017

Source: www.lawgazette.co.uk

‘Administrative’ solution to employment tribunal fee issues imminent – OUT-LAW.com

‘A short stay on employment tribunal claims brought “in reliance upon” the Supreme Court’s recent finding that the fee regime introduced in 2013 was unlawful has been lifted by the tribunal service.’

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OUT-LAW.com, 24th August 2017

Source: www.out-law.com

R (UNISON) v Lord Chancellor – Blackstone Chambers

Posted August 22nd, 2017 in appeals, employment tribunals, equality, fees, news, Supreme Court, trade unions by sally

‘The Supreme Court today [30 July] allowed UNISON’s appeal and held that fees imposed in respect of proceedings in employment tribunals and the Employment Appeal Tribunal are unlawful because of their effects on access to justice.’

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Blackstone Chambers, 30th July 2017

Source: www.blackstonechambers.com

The Supreme Court, ET fees and access to justice: Stopping the government in its tracks – Cloisters

Posted August 22nd, 2017 in appeals, employment tribunals, equality, fees, news, regulations, Supreme Court by sally

‘Caspar Glyn QC, Schona Jolly QC and Sian McKinley consider the implications of today’s seismic decision from the Supreme Court which ruled that ET fees are unlawful: R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51.’

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Cloisters, 26th July 2017

Source: www.cloisters.com

The most famous case on the rule of law for a generation? Employment tribunal fees declared unlawful – Hardwicke Chambers

‘The Supreme Court have, this morning, handed down Judgment in the case of R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, more commonly known as ‘the appeal against Employment Tribunal fees’.’

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Hardwicke Chambers, 26th July 2017

Source: www.hardwicke.co.uk

Employment Tribunal Fees Regime Declared Unlawful – Littleton Chambers

Posted August 22nd, 2017 in employment tribunals, fees, news by sally

‘Prior to today’s decision of the Supreme Court the score read Her Majesty’s Government 2: UNISON 0 in the efforts of the union to overturn the Employment Tribunal fees regime which has been in place since July 2013.’

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Littleton Chambers, 26th July 2017

Source: www.littletonchambers.com

Employment tribunal president lifts fees claim stay with “administrative” solution imminent – Litigation Futures

Posted August 21st, 2017 in employment tribunals, fees, news, stay of proceedings by sally

‘The Ministry of Justice and Her Majesty’s Courts and Tribunals Service (HMCTS) will soon announce an “administrative” solution to claims arising from the Supreme Court’s ruling last month that the current fees regime is unlawful, it has emerged.’

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Litigation Futures, 21st August 2017

Source: www.litigationfutures.com

Employment tribunal president stays fees challenges in wake of Supreme Court ruling – Litigation Futures

Posted August 11th, 2017 in case management, employment tribunals, fees, news, stay of proceedings by tracey

‘The president of employment tribunals in England and Wales, Judge Brian Doyle, has issued a case management order staying claims brought on the basis of the Supreme Court’s ruling last month that the current fees regime is unlawful.’

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Litigation Futures, 10th August 2017

Source: www.litigationfutures.com

Court of Appeal: claimants cannot “blow hot and cold” with QOCS – Litigation Futures

Posted August 4th, 2017 in appeals, costs, fees, news by sally

‘Claimants cannot “blow hot and cold” with qualified one-way costs shifting (QOCS) by terminating one conditional fee agreement (CFA) and signing a new one just to get the benefit of costs protection, the Court of Appeal has ruled.’

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Litigation Futures, 3rd August 2017

Source: www.litigationfutures.com

Collection of fees in receivables finance agreement must not be “arbitrary, capricious or irrational” says High Court – OUT-LAW.com

Posted August 2nd, 2017 in banking, Cayman Islands, fees, fiduciary duty, indemnities, news, receivers by tracey

‘The High Court has found that a lender must be rational when exercising its contractual discretion to charge collection fees under a receivables finance agreement. The agreement allowed for fees of up to 15%, however, the maximum chargeable for the lender to remain compliant with its duty was found, in this case, to be 4%.’

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OUT-LAW.com, 1st august 2017

Source: www.out-law.com

FCA keeps payday loan cap after review – OUT-LAW.com

Posted August 1st, 2017 in fees, financial regulation, interest, loans, news by sally

‘The UK’s Financial Conduct Authority (FCA) is to maintain a cap set on the interest and fees charged on high-cost short-term loans after a review concluded it had benefited consumers.’

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OUT-LAW.com, 31st July 2017

Source: www.out-law.com

The price of Justice – UK Human Rights Blog

Posted July 28th, 2017 in constitutional law, employment tribunals, fees, news, Supreme Court by tracey

‘In R(on the application of UNISON) v Lord Chancellor [2017] UKSC 51, the Supreme Court gave an important judgment regarding the importance of access of justice. The Supreme Court held that the fees imposed by the Lord Chancellor in employment tribunal and employment appeal tribunal cases were unlawful.’

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UK Human Rights Blog, 27th July 2017

Source: ukhumanrightsblog.com

Unison v Lord Chancellor: the things that landmark constitutional cases are made of – UCL Constitution Unit

Posted July 28th, 2017 in constitutional law, employment tribunals, fees, news, Supreme Court by tracey

‘On Wednesday the UK Supreme Court ruled court fees for claims before employment tribunals, introduced by the coalition government in 2013, to be illegal. Christina Lienen argues that this judgement is likely to join the ranks of landmark constitutional decisions, given its characterisation of the UK constitution as founded in common law and therefore in the hands of judges rather than politicians.’

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UCL Constitution Unit, 28th July 2017

Source: constitution-unit.com

Blunders behind NHS baby deaths risk cover-ups under new plans – Daily Telegraph

Posted July 28th, 2017 in birth, costs, fees, hospitals, negligence, news by tracey

‘NHS blunders which leave babies stillborn will be brushed under the carpet under government plans to limit legal fees, safety campaigners have warned.’

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Daily Telegraph, 27th July 2017

Source: www.telegraph.co.uk

UK litigation ‘cost effective’, LCJ declares – Law Society’s Gazette

Posted July 26th, 2017 in costs, EC law, enforcement, fees, news by sally

‘Litigation costs are more favourable in the UK than elsewhere, the lord chief justice has said, outlining an optimistic view of the UK’s legal reputation post Brexit.’

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Law Society's Gazette, 25th July 2017

Source: www.lawgazette.co.uk

Supreme Court rules employment tribunal fees are unlawful – The Independent

Posted July 26th, 2017 in employment tribunals, fees, news, Supreme Court by sally

‘The Supreme Court has ruled that workplace tribunal fees are unlawful, forcing the Government to repay more than £27m paid by employees for cases around unfair dismal, discrimination and other workplace issues since July 2013.’

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The Independent, 26th July 2017

Source: www.independent.co.uk

Court of Appeal rejects bid to invalidate CFAs signed at “chaotic” meeting of class action members – Litigation Futures

Posted July 25th, 2017 in appeals, class actions, consumer protection, contracts, fees, news by sally

‘The Court of Appeal has dismissed a technical challenge to conditional fee agreements (CFAs) signed by members of a class action during a meeting organised for that purpose.’

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Litigation Futures, 25th July 2017

Source: www.litigationfutures.com

£14bn group action kicked out of court – Law Society’s Gazette

‘A record-breaking collective claim against MasterCard was thrown out by the Competition Appeal Tribunal today in a major blow to the growth of funded class actions in the UK. The case, brought by former financial services ombudsman Walter Merricks on behalf of 46 million consumers who were alleged to be victims of excess ‘interchange fees’ charged by card companies, claimed £14bn in damages. It was the largest sum claimed in English legal history.’

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Law Society's Gazette, 21st July 2017

Source: www.lawgazette.co.uk