Criminal courts charge introducing plea-bargaining ‘through back door’ – Law Society’s Gazette

‘The government’s criminal court charge could be introducing plea-bargaining through the back door, a leading thinktank has warned.’

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Law Society’s Gazette, 1st October 2015

Source: www.lawgazette.co.uk

Punitive court fines ‘undermine respect for the law’ – The Guardian

‘The imposition of mandatory, punitive fines in English and Welsh criminal courts has undermined respect for the law and introduced US-style plea bargaining that results in false convictions, an influential legal thinktank has warned.’

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The Guardian, 30th September 2015

Source: www.guardian.co.uk

Civil court fee increases a ‘serious own goal’ – City lawyers – Law Society’s Gazette

Posted September 30th, 2015 in civil justice, consultations, courts, dispute resolution, fees, news by sally

‘Further civil court fee increases could force international businesses to take their legal work outside the UK, City lawyers have warned.’

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Law Society’s Gazette, 29th September 2015

Source: www.lawgazette.co.uk

A & M v Royal Mail Group – ATE Premiums and Success Fees Under CPR 21 – Zenith PI Blog

‘A and M, aged 12 and 4 respectively, brought claims in damages for personal injuries and consequential losses sustained in a road traffic accident on the 31st July 2013. Agreement was reached with the insurers for the Defendant for both general damages and special damages through the usual minor injury claim portal process. Naturally, that agreement was subject to the ultimate approval of the Court pursuant to Part 21 CPR. DJ Lumb at the County Court Sitting at Birmingham was able to provisionally approve awards of £2115 and £2065 respectively on 14th August 2015. In addition, the Defendant agreed to pay the fixed recoverable costs calculated in accordance with CPR Part 45. The case had progressed in the standard way up until this point.’

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Zenith PI Blog, 29th September 2015

Source: www.zenithpi.wordpress.com

MoJ tells noise-induced hearing loss working group to focus on fixed fees – Litigation Futures

Posted September 28th, 2015 in costs, fees, Ministry of Justice, news, noise, personal injuries by sally

‘The Civil Justice Council (CJC) group asked by the Ministry of Justice to investigate noise-induced hearing loss (NIHL) claims is to look at how a fixed-costs regime might work, it has been announced.’

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Litigation Futures, 28th September 2015

Source: www.litigationfutures.com

Judge bemoans lack of success fee competition in PI – Litigation Futures

Posted September 22nd, 2015 in civil procedure rules, fees, judges, news, personal injuries by sally

‘The fact that competition over success fees has not developed, as Lord Justice Jackson hoped it would, is down to both consumer ignorance and solicitors’ reluctance to do it, according to the judge who last month cast doubt on the widespread personal injury charging model.’

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Litigation Futures, 22nd September 2015

Source: www.litigationfutures.com

Court fee rise will give wealthy the upper hand, says Bar Council – The Bar Council

Posted September 18th, 2015 in civil justice, courts, fees, press releases, small businesses by tracey

‘SMEs will be disadvantaged in chasing late payments from big business customers.
Wealthy individuals and big business will have the upper hand in court proceedings if further increases in court fees get the go ahead under plans announced by the Ministry of Justice, the Bar Council has warned.’

Full press release

The Bar Council, 14th September

Source: www.barcouncil.org.uk

Tax tribunal charges would deter the poorest from getting justice, lawyers warn – The Independent

Posted September 18th, 2015 in appeals, fees, news, taxation, tribunals by tracey

‘Plans to impose court fees on anyone opposing the tax office at tribunal would deter the poorest from getting justice, leading lawyers say – amid a growing outcry against an array of Government-imposed court charges.’

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The Independent, 17th September 2015

Source: www.independent.co.uk

Court fee hikes will tip justice balance towards rich – bar – Law Society’s Gazette

Posted September 16th, 2015 in barristers, civil justice, consultations, courts, equality, fees, Ministry of Justice, news by tracey

‘The Bar Council has warned that government plans to increase court fees for a second time would unbalance civil justice, giving rich people and big businesses an unfair advantage.’

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Law Society’s Gazette, 14th September 2015

Source: www.lawgazette.co.uk

Regina (Unison) v Lord Chancellor, (Equality and Human Rights Commission intervening) (Nos 1 and 2) – WLR Daily

Regina (Unison) v Lord Chancellor, (Equality and Human Rights Commission intervening)(Nos 1 and 2)[2015] EWCA Civ 935; [2015] WLR (D) 370

‘The Employment Tribunal and the Employment Appeal Tribunal Fees Order 2013 whereby fees were payable by a claimant or appellant on the commencement of a claim or an appeal and also in advance of the final hearing unless they were entitled to a remission on account of limited means was lawful and not discriminatory.’

WLR Daily, 26th August 2015

Source: www.iclr.co.uk

Society: overhaul employment tribunals and scrap fees – Law Society’s Gazette

Posted September 8th, 2015 in employment tribunals, fees, Law Society, news by sally

‘Radical changes to the employment tribunal structure are needed to ensure unlawful workplace practices do not go unpunished, the Law Society has said.’

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Law Society’s Gazette, 7th September 2015

Source: www.lawgazette.co.uk

Over 40% of medical negligence cases take two or more years to settle, research reveals – Litigation Futures

‘It takes two years or more for 42% of medical negligence cases to settle or for damages to be awarded by the courts, research by the Association of Personal Injury Lawyers (APIL) has revealed.’

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Litigation Futures, 4th September 2015

Source: www.litigationfutures.com

Employment tribunal fees challenge dismissed by UK Court of Appeal – OUT-LAW.com

Posted September 2nd, 2015 in appeals, employment, employment tribunals, fees, news, trade unions by sally

‘UNISON’s case against the government’s introduction of employment tribunal fees could be heading for the UK’s highest court after the Court of Appeal rejected the union’s legal challenge to the policy.’

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OUT-LAW.com, 28th August 2015

Source: www.out-law.com

New court charge sees judges cut compensation orders for victims – BBC News

Posted September 1st, 2015 in compensation, costs, courts, criminal courts charge, criminal procedure, fees, news by sally

‘Compensation payments to victims of crime are being affected by a new charge imposed on criminals.’

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BBC News, 28th August 2015

Source: www.bbc.co.uk

Unison plans Supreme Court appeal after latest setback on employment tribunal fees – Local Government Lawyer

Posted August 28th, 2015 in appeals, employment tribunals, fees, news, Supreme Court, trade unions by sally

‘Unison has applied for permission to take its legal challenge to the Government’s introduction of employment tribunal fees to the Supreme Court, after the Court of Appeal this week rejected the union’s claims.’

Full story

Local Government Lawyer, 27th August 2015

Source: www.localgovernmentlawyer.co.uk

Finance & Divorce Update – Family Law Week

‘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 July 2015.’

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Family Law Week, 15th August 2015

Source: www.familylawweek.co.uk

Court fee ‘means crime victims miss payouts’ – The Independent

Posted August 24th, 2015 in compensation, costs, criminal courts charge, fees, news, victims by sally

‘Victims of crime are missing out on compensation because courts are forced to make criminals pay costs to the Government, campaigners have warned.’

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The Independent, 23rd August 2015

Source: www.independent.co.uk

O’Brien v Shorrock and another – WLR Daily

O’Brien v Shorrock and another [2015] EWHC 1630 (QB); [2015] WLR (D) 366

The obligation under paragraph 19.4 of the CPR Practice Direction 44, since amended, was to inform the other party, by the notice of funding, of the date when a conditional fee agreement with retrospective effect was made rather than the earlier date when it came into effect.

WLR Daily, 12th June 2015

Source: www.iclr.co.uk

This judgment could shake up how personal injury solicitors operate – The Guardian

‘A claim brought on behalf of two children hurt in an accident has thrown doubt on the use of success fees, and on the unintended consequences of scrapping legal aid in such cases.’

Full story

The Guardian, 21st August 2015

Source: www.guardian.co.uk

Criminal court charges ‘trapping’ penniless suspects – Law Society’s Gazette

‘A charity today called for an urgent review of criminal courts charges after collating cases which it says prove the fees are ‘unrealistic and unfair’.’
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Law Society’s Gazette, 5th August 2015

Source: www.lawgazette.co.uk