‘The High Court has ruled that a contract claim against retailer Sports Direct should be stayed until the claimant has paid the correct court fee.’
Law Society’s Gazette, 16th August 2016
Source: www.lawgazette.co.uk
‘The grandfather of murdered six-year-old Ellie Butler has condemned the legal aid granted to her killer father, amid reports the taxpayer picked up a bill of more than £1.5m for his legal expenses.’
The Guardian, 6th August 2016
Source: www.guardian.co.uk
‘Overdraft fees and an easier system of moving personal and small business accounts are expected to be at the centre of measures intended to bolster competition in the banking sector.’
The Guardian, 8th August 2016
Source: www.guardian.co.uk
‘The High Court has rejected a solicitor’s appeal against a Legal Ombudsman (LeO) order that he refund £34,000 of his £37,000 fee to a client he signed up to a contingency fee agreement (CFA).’
Legal Futures, 4th August 2016
‘We have put together a list of misleading statements which demonstrate some of the types of advertising and marketing that is not compliant with our rules.’
Ministry of Justice, 29th July 2016
Source: www.gov.uk/government/organisations/ministry-of-justice
‘In a landmark ruling for lawyers and insurers, the Supreme Court has paved the way for personal injury settlements to be successfully challenged if the claimant is subsequently found to have lied.’
Law Society’s Gazette, 27th July 2016
Source: www.lawgazette.co.uk
‘As the nation grapples with the impact of Brexit on migration, Ronan Toal briefs readers on the major revisions already introduced by the Immigration Act 2016.’
Counsel, August 2016
Source: www.counselmagazine.co.uk
‘One of the most important aspects of the Jackson Reforms relates to costs budgeting and the use of Precedent H.’
New Law Journal, 26th July 2016
Source: www.newlawjournal.co.uk
‘David Wright discusses fixed advocacy fees.’
New Law Journal, 26th July 2016
Source: www.newlawjournal.co.uk
‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during June 2016.’
Family Law Week, 15th July 2016
Source: www.familylawweek.co.uk
‘Since July 2013, it has been necessary to pay a fee to bring a claim in the employment tribunal. This change was introduced with the goal of relieving the pressure on the taxpayer of meeting the £83m bill for running the Employment Tribunal Service. It was also envisaged that it would encourage parties to consider faster and earlier ways to settle disputes.’
Law Society’s Gazette, 18th July 2016
Source: www.lawgazette.co.uk
Surrey and others v Barnet and Chase Farm Hospitals NHS Trust [2016] EWHC 1598 (QB)
‘Three separate cases involving clinical negligence litigation against the defendant hospital had been proceeding for several years prior to 1 April 2013. Under new legislation coming into force on 1 April 2013, a claimant entering into a conditional fee agreement (“CFA”) from that date would be unable to recover success fees and after the event (“ATE”) insurance premiums from the defendant if successful in the litigation. In each case the claim had initially been advanced with the benefit of legal aid, but in the month prior to 1 April 2013 the claimant’s solicitors, with the agreement of the claimant’s litigation friend, arranged for the legal aid certificate to be discharged and for the claim henceforth to be funded by a CFA to preserve the ability to recover the success fee and ATE premiums. In none of the cases was the litigation friend informed that the consequence would be the loss of the recognised 10% uplift on general damages. In each case the defendant challenged the successful claimant’s bill of costs, in so far as it sought to recover the success fee and the ATE premium, contending that the litigation friend’s decision was based on materially unreasonable advice (by reason of the omission to mention the 10% uplift) and that, since the burden was on the receiving party to establish that a cost was reasonably incurred and it was unknown what decision would have been made had proper advice been given, the doubt as to whether the additional costs were reasonably and proportionately incurred should be resolved in favour of the paying party. The costs judge in each case upheld the defendant’s challenge to those items, holding that the changed funding arrangements were not reasonable. Each claimant appealed, contending that the reasonableness of the decision to change funding had to be objectively assessed, so that the quality of any antecedent advice given to the claimants’ litigation friends was irrelevant.’
WLR Daily, 1st July 2016
Source: www.iclr.co.uk
‘What can the recently re-launched Adjudication Scheme for Professional Negligence Claims offer parties and practitioners in this area? Those, and don’t worry you’re not alone, oblivious to its original launch as a pilot scheme in February 2015 may be part of the reason for its re-launch 15 months later. The original scheme apparently saw only two adjudications (hardly a sample sufficient to judge the efficacy of the scheme). The re-launched scheme covers a wider range of professionals, the removal of any limit on the amount of the claim and an attempt to cap the fees of the appointed adjudicator within certain bands depending on the value of the claim.’
Hardwicke Chambers, 29th June 2016
Source: www.hardwicke.co.uk
‘Shoppers have been ripped off by as much as £400 each due to unfair chip and pin charges in shops, lawyers preparing a historic class action case against MasterCard have claimed.’
Daily Telegraph, 6th July 2016
Source: www.telegraph.co.uk
‘MasterCard is facing a claim of up to £19 billion in damages in a UK collective action over card charges that were passed on to shoppers.’
The Independent, 6th July 2016
Source: www.independent.co.uk
‘The High Court has overturned three high-profile costs rulings in which Irwin Mitchell lost the right to recover success fees and insurance premiums from defendants after failing to advise on the 10% uplift in general damages before switching clients from legal aid.’
Litigation Futures, 4th July 2016
Source: www.litigationfutures.com
‘The question of when a conditional fee agreement (CFA) can be assigned from one law firm to another is set for the Court of Appeal, Litigation Futures can report.’
Litigation Futures, 30th June 2016
Source: www.litigationfutures.com
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