Now proportionality test bites in the Competition Appeal Tribunal – Litigation Futures

‘Proportionality has hit the Competition Appeal Tribunal as it capped a defendant’s recoverable costs at £350,000, compared to its budgeted costs of £637,000.’

Full story

Litigation Futures, 24th June 2016

Source: www.litigationfutures.com

Part 36 uplift for beating offer includes contractual interest, High Court rules – Litigation Futures

‘The 10% uplift claimants receive for beating their part 36 offer includes contractual interest on the sum won at trial, the High Court has ruled.’

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Litigation Futures, 27th June 2016

Source: www.litigationfutures.com

Insufficient evidence to back employment tribunal fees in current form, MPs say – OUT-LAW.com

Posted June 23rd, 2016 in employment tribunals, fees, news, select committees, tribunals by sally

‘”Substantial changes” to the current employment tribunal fee regime are required if an appropriate balance is to be struck between meeting some of the costs of operation and maintaining access to justice, according to an influential committee of MPs.’

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OUT-LAW.com, 22nd June 2016

Source: www.out-law.com

MPs castigate government over court and tribunal fee rises – Litigation Futures

‘MPs have hit out at the government’s approach to increasing court fees, with major changes needed to restore an “acceptable level of access to the employment tribunals”, and also urged ministers not to introduce any more civil court fee rises until there is research into the impact of what has been done to date, particularly on London’s competitiveness as a litigation centre.’

Full story

Litigation Futures, 20th June 2016

Source: www.litigationfutures.co.uk

Employment tribunal fees ‘will deny workers justice’ – The Independent

‘Workers unfairly dismissed by their employers are being denied access to justice because of new Government court fees, a cross party committee of MPs has warned. Since the new employment tribunal fees were introduced in 2013 there has been a “precipitate drop” of almost 70 per cent in the number of cases being brought, the Commons Justice committee said. It can now cost as much as £1,200 simply to bring a claim.’

Full story

The Independent, 20th June 2016

Source: www.independent.co.uk

Neuberger warns of conflict risks posed by ABSs and conditional fees – Law Society’s Gazette

Posted June 17th, 2016 in alternative business structures, conflict of interest, fees, news by tracey

‘Supreme Court president Lord Neuberger has warned that alternative business structures and conditional fee agreements are two ‘concerning’ developments which could pose a threat to lawyers’ ethical duties.’

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Law Society’s Gazette, 16th June 2016

Source: www.lawgazette.co.uk

Two-thirds of litigators say increased court fees already putting off clients – Litigation Futures

Posted June 16th, 2016 in civil justice, courts, fees, news, statistics by tracey

‘Two-thirds of litigation lawyers say increased court fees have already deterred clients from commencing proceedings, a survey has found.’

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Litigation Futures, 15th June 2016

Source: www.litigationfutures.com

ASA upholds complaint against “your solicitor rips you off” advert – Legal Futures

Posted June 15th, 2016 in advertising, complaints, fees, news, solicitors by sally

‘The Advertising Standards Authority (ASA) has upheld a complaint over an advertisement from a website that claims to help clients recover a “huge amount” of their legal costs, which said that “on average, a solicitor overcharges you by 20%”.’

Full story

Legal Futures, 15th June 2016

Source: www.legalfutures.co.uk

Bar Council: use direct access barristers instead of paid McKenzie Friends – Legal Futures

Posted June 10th, 2016 in barristers, budgets, fees, McKenzie friends, news by sally

‘Litigants with limited funds should use direct access barristers to represent them in court rather than pay for McKenzie Friends, the Bar Council has argued.’

Full story

Legal Futures, 10th June 2016

Source: www.legalfutures.co.uk

‘Reasonable’ costs bill halved under proportionality test – Law Society’s Gazette

‘The senior costs judge has slashed a claimant’s costs bill in a high-profile media case because of the proportionality tests brought in by the Jackson reforms – despite deeming it to be ‘reasonable and necessary’.’

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Law Society’s Gazette, 6th June 2016

Source: www.lawgazette.co.uk

Post-Jackson proportionality rule can prevent full recovery of ‘reasonable’ costs, says senior judge – OUT-LAW.com

Posted June 8th, 2016 in civil procedure rules, costs, damages, fees, news, privacy, proportionality by sally

‘The new rules limiting the recovery of the costs of civil court action to a “proportionate” amount may prevent successful parties from recovering costs that would otherwise have been reasonable, a senior costs judge has confirmed.’

Full story

OUT-LAW.com, 7th June 2016

Source: www.out-law.com

Senior Costs Judge halves “reasonable” bill under proportionality rule – Litigation Futures

Posted June 6th, 2016 in costs, fees, news, privacy, proportionality by sally

‘The Senior Costs Judge has demonstrated the harsh impact of the post-Jackson proportionality rule – along with providing some guidance on how to apply it – after halving the costs of a privacy action that he had deemed reasonable after a line-by-line assessment.’

Full story

Litigation Futures, 6th June 2016

Source: www.litigationfutures.com

LSB rule change to put spotlight on spending by professional bodies – Legal Futures

Posted June 6th, 2016 in barristers, fees, Law Society, Legal Services Board, news by sally

‘The Legal Services Board (LSB) has announced a change in its practising certificate fee (PCF) rules, which will put the spotlight on spending by professional bodies such as the Law Society and Bar Council.’

Full story

Legal Futures, 6th June 2016

Source: www.legalfutures.co.uk

End of LASPO exemption for insolvency “will lead to unscrupulous behaviour” – Litigation Futures

Posted June 3rd, 2016 in company directors, fees, insolvency, insurance, news by sally

‘Most insolvency practitioners and lawyers believe the end of the exemption for insolvency litigation from the abolition of recoverable success fees and insurance premiums in conditional fee cases will lead to “unscrupulous or illegal behaviour” by company directors, a survey has found.’

Full story

Litigation Futures, 3rd June 2016

Source: www.litigationfutures.co.uk

Employment tribunal cases withdrawn over ‘off-putting’ fees – Law Society’s Gazette

Posted June 2nd, 2016 in employment tribunals, fees, news, tribunals by sally

‘While employment lawyers await the outcome of a government review of employment tribunal fees, research by a conciliatory body suggests one in five cases were withdrawn as a result of the ‘off-putting’ fees.’

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Law Society’s Gazette, 1st June 2016

Source: www.lawgazette.co.uk

Rule committee rejects standalone introduction of fixed fees for costs-only proceedings – Litigation Futures

Posted June 2nd, 2016 in civil procedure rules, costs, fees, insurance, legal profession, news by sally

‘The Civil Procedure Rule Committee (CPRC) has deflected a call by the Forum of Insurance Lawyers (FOIL) to introduce fixed costs in costs-only proceedings, saying that the issue should form part of the wider reform agenda.’

Full story

Litigation Futures, 2nd June 2016

Source: www.litigationfutures.co.uk

Government admits defeat in bid to introduce fixed costs in clinical negligence on 1 October – Litigation Futures

‘The government has admitted that it will not be able to introduce fixed recoverable costs for clinical negligence cases on 1 October as planned.’

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Litigation Futures, 31st May 2016

Source: www.litigationfutures.co.uk

Appeal judges refuse to order assessment of costs agreed by administrators – Litigation Futures

Posted May 26th, 2016 in administrators, appeals, costs, fees, insolvency, law firms, news by tracey

‘The Court of Appeal has refused a request by the liquidators of a company for a detailed assessment of costs agreed by the firm’s administrators.’

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Litigation Futures, 25th May 2016

Source: www.litigationfutures.com

LSB responds to the Judicial Executive Board’s McKenzie Friends consultation – Legal Services Board

‘The Legal Services Board (LSB) has submitted its response to the Judicial Executive Board (JEB) consultation on the approach courts should take to McKenzie Friends.’

Full press release

Legal Services Board, 26th May 2016

Source: www.legalservicesboard.org.uk

Response to Ministry of Justice consultation: Proposals to reform fees for grants of probate – Courts and Tribunals Judiciary

Posted May 26th, 2016 in consultations, fees, judiciary, news, probation by tracey

‘Response to MoJ Consultation by Sir James Munby: Proposals to Reform Fees for Grants of Probate.’

Full text

Courts and Tribunals Judiciary, 24th May 2016

Source: www.judiciary.gov.uk