“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 cryptocurrencies, 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

Pre-LASPO CFA was validly transferred to new firm, Court of Appeal rules – Litigation Futures

Posted December 6th, 2017 in agreements, appeals, assignment, contracts, fees, law firms, news by sally

‘The transfer of a conditional fee agreement (CFA) from one law firm to another around the time of the Jackson reforms was valid and the success fee can still be recovered from the defendant, the Court of Appeal has ruled.’

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Litigation Futures, 5th December 2017

Source: www.litigationfutures.com

Market dynamics in the counterfactual: more competitive, not just cheaper – Competition Bulletin from Blackstone Chambers

Posted December 6th, 2017 in competition, consumer credit, damages, fees, news by sally

‘The judgment of Phillips J in Sainsbury’s v Visa [2017] EWHC 3047 (Comm) demonstrates the importance to claimants in competition damages cases of identifying a counterfactual which not only involves lower prices but also involves higher levels of competition.’

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Competition Bulletin from Blackstone Chambers, 5th December 2017

Source: competitionbulletin.com

Care homes are breaking the law by charging residents after death, says watchdog – Daily Telegraph

Posted December 1st, 2017 in care homes, fees, news by tracey

‘Care homes are breaking the law by charging wealthier residents fees after they have died, a regulator has said. People who pay for their own care are also being charged £12,000 year more each than the fees paid by councils, equivalent to a total shortfall of £1bn a year, the Competition and Markets Authority said.’

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Daily Telegraph, 30th November 2017

Source: www.telegraph.co.uk

Law Society to challenge government over fee cuts – Law Society’s Gazette

Posted November 29th, 2017 in criminal justice, fees, Law Society, legal aid, news, solicitors by sally

‘The Law Society is taking High Court action against the government’s latest criminal legal aid reforms over concerns that the ‘fragile’ sector will not be able to withstand further cuts.’

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Law Society's Gazette, 28th November 2017

Source: www.lawgazette.co.uk

Applications open for employment tribunal fee refunds as scheme rolls out – Ministry of Justice

Posted November 16th, 2017 in employment tribunals, fees, press releases, repayment by tracey

‘All those eligible for employment tribunal fee refunds can apply from today, following a successful opening phase of the scheme.”

Full press release

Ministry of Justice, 15th November 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Police cannot charge for football match-day policing on public land – UK Police Law Blog

Posted November 14th, 2017 in appeals, commons, fees, news, police by tracey

‘Can the police charge a football club for match day policing on public land immediately outside a stadium, where that land is largely under the control of the club? No, the Court of Appeal re-affirmed in Ipswich Town Football Club v Chief Constable of Suffolk [2017] EWCA Civ 1484.’

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UK Police Law Blog, 13th November 2017

Source: ukpolicelawblog.com