Court of Appeal clears way for Mastercard hearing – Litigation Futures

Posted November 15th, 2018 in appeals, banking, class actions, EC law, fees, judicial review, jurisdiction, news by tracey

‘The Court of Appeal has ruled that it has jurisdiction to hear an appeal against the decision that stopped the massive £14bn Mastercard class action – the biggest opt-out claim in English legal history.’

Full Story

Litigation Futures, 15th November 2018

Source: www.litigationfutures.com

Service charge claims – paying trial fees and concurrent jurisdiction – Nearly Legal

Posted November 12th, 2018 in fees, jurisdiction, leases, news, service charges by tracey

‘Hyslop v 38/41 CHG Residents Company Ltd QBD 05/11/2018. CHG were the freeholder of a property with various leasehold flats. The FTT had determined that Ms Hyslop and other leaseholders owed CHG certain service charges. H applied to the Upper Tribunal for permission to appeal out of time and this was granted. However CHG then brought a claim in the county court against H for non payment of service charges over a five year period.’

Full Story

Nearly Legal, 8th November 2018

Source: nearlylegal.co.uk

Online will providers 77% cheaper than solicitors – Legal Futures

Posted November 1st, 2018 in fees, internet, Law Commission, news, probate, solicitors, statistics, wills by sally

‘Online will providers are 77% cheaper than solicitors on average, new research has found.’

Full Story

Legal Futures, 1st November 2018

Source: www.legalfutures.co.uk

Barristers becoming as vulnerable to cyber-attacks as solicitors – Legal Futures

‘Increased use of technology at the Bar and in the court system has left barristers as vulnerable to cyber-attacks as solicitors, the Bar Standards Board (BSB) has warned.’

Full Story

Legal Futures, 1st November 2018

Source: www.legalfutures.co.uk

Firm terminated retainer “without notice or good reason” – Litigation Futures

Posted October 31st, 2018 in fees, indemnities, insurance, law firms, news, notification, winding up by sally

‘A law firm’s decision to terminate its retainer without notice to the client – because it was closing down – was unreasonable and it could not claim the fees due before then, the High Court has ruled.’

Full Story

Litigation Futures, 31st October 2018

Source: www.litigationfutures.com

‘We are at a pivotal point’: Bar Council adds voice to AGFS anger – Law Society’s Gazette

Posted October 18th, 2018 in advocacy, barristers, fees, news by sally

‘Advocates are ‘seriously questioning’ whether a career at the criminal bar is financially viable, the barristers’ representative body has said, as it warns the government that the situation is fast approaching the point of no return.’

Full Story

Law Society's Gazette, 16th October 2018

Source: www.lawgazette.co.uk

Partial relief from sanction for claimant who submitted partial budget – Litigation Futures

‘A claimant who submitted a budget that did not include figures for trial preparation or trial has won relief from a decision that limited the entire budget to court fees only – but only for those parts of the budget that were completed.’

Full Story

Litigation Futures, 17th October 2018

Source: www.litigationfutures.com

​Allen v Brethertons LLP (2018)- You’ve got to send a bill of costs to your client, even in fixed costs cases – Zenith PI

Posted October 15th, 2018 in accidents, costs, damages, fees, news, solicitors by tracey

‘This is a recent decision of the Senior Courts Costs Office which deals with the need for solicitors to provide their clients with a bill of costs, even in fixed costs case where the solicitors were instructed on the basis of a CFA and where costs were recovered from the other side.’

Full Story

Zenith PI, 9th October 2018

Source: zenithpi.wordpress.com

Bereaved family say they need £50,000 to pay for legal representation at inquest – The Guardian

Posted October 11th, 2018 in bereavement, costs, fees, inquests, legal representation, news by sally

‘The parents of a vulnerable student who took her own life at a university where there has been a series of deaths have spoken of the difficulty of ensuring there is a fair and transparent investigation because they are struggling to match the legal firepower of other parties involved.’

Full Story

The Guardian, 11th October 2018

Source: www.theguardian.com

Doing the same thing all over again – Nearly Legal

‘A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our thanks to Hardwicke Chambers for making the judgment available.’

Full Story

Nearly Legal, 7th October 2018

Source: nearlylegal.co.uk

Watchdog investigates firms over hidden fees – Daily Telegraph

Posted October 9th, 2018 in consumer protection, fees, financial regulation, news by tracey

‘A number of financial services firms that have failed to transparently declare what they charge their customers are being investigated by the industry watchdog, the Financial Conduct Authority (FCA).’

Full Story

Daily Telegraph, 8th October 2018

Source: www.telegraph.co.uk

ICO enforces the data protection fee – OUT-LAW.com

Posted October 2nd, 2018 in data protection, fees, fines, news by sally

‘Financial services companies, NHS bodies and recruitment companies are among 34 organisations that could be fined for failing to pay the new data protection fee, the UK’s data protection watchdog has said.’

Full Story

OUT-LAW.com, 1st October 2018

Source: www.out-law.com

High Court finds oral agreement to pay solicitor’s fees – Legal Futures

Posted September 25th, 2018 in agreements, fees, news, solicitors by sally

‘The High Court has found there was an oral agreement between a solicitor and the son-in-law of a client that the latter would cover his fees, which in the end totalled £330,000.’

Full Story

Legal Futures, 25th September 2018

Source: www.legalfutures.co.uk

Firm ordered to deliver new costs bill to Tower Hamlets campaigner – Law Society’s Gazette

Posted September 7th, 2018 in corruption, costs, elections, fees, news, solicitors by tracey

‘A London law firm has been ordered to present a new costs bill to a campaigner who led a legal battle to remove former Tower Hamlets mayor Lutfur Rahman in the latest action brought by an online fees-challenge service.’

Full Story

Law Society's Gazette, 6th September 2018

Source: www.lawgazette.co.uk

Client wins JR over fees on offer to his barristers – Legal Futures

Posted August 28th, 2018 in barristers, fees, legal aid, news by sally

‘A man charged with a complex fraud has won a judicial review over the offer made by Legal Aid Agency (LAA) for the fees of his preferred counsel.’

Full Story

Legal Futures, 28th August 2018

Source: www.legalfutures.co.uk

Big CMCs to be hit hardest as FCA seeks £17m – Legal Futures

‘The big claims management companies (CMCs) will be hit hardest by fee increases planned by the Financial Conduct Authority (FCA) to fund the £17m cost of their new regulatory regime, it has emerged.’

Full Story

Legal Futures, 23rd August 2018

Source: www.legalfutures.co.uk

High Court backs bankrupt barrister in fees battle – Legal Futures

Posted August 16th, 2018 in bankruptcy, barristers, disciplinary procedures, fees, fines, news by sally

‘Any fees not yet paid to a barrister at the time of his bankruptcy do not vest in his trustee in bankruptcy if they arise on a non-contractual basis, the High Court has ruled.’

Full Story

Legal Futures, 16th August 2018

Source: www.legalfutures.co.uk

Service not included – Nearly Legal

Posted August 10th, 2018 in fees, houses in multiple occupation, housing, licensing, local government, news by sally

‘The issue was the level of fees charged by LB Richmond on Thames for an HMO licence. LB Richmond maintained that the fee level could be set at a level designed to cover not only the costs of processing his application but also to contribute towards the costs of LB Richmond running its HMO licensing scheme more generally, including enforcement. Mr G, the landlord, maintained that the fee could only be set at a level covering the costs of processing the application.’

Full Story

Nearly Legal, 9th August 2018

Source: nearlylegal.co.uk

R (Gaskin) v Richmond upon Thames LBC – Arden Chambers

‘The Administrative Court has held that a person who owns, and lets out rooms in, a House in Multiple Occupation (“HMO”) provides a service for the purposes of EU Directive 2006/123/EC (the “Directive”) and the Provision of Services Regulations 2009, SI 2009/2999 (the “Regulations”), and that the HMO licensing scheme under Part 2, Housing Act 2004 is an “authorisation scheme” for the purposes of the Directive and Regulations. The decision of the CJEU in R (Hemming t/a Simply Pleasure) v Westminster CC [2017] 3 WLR 317, therefore applies to the fees that may be charged on a Part 2 licensing application, so that where a local authority demanded payment on application of an upfront fee which covered not merely the costs of processing the application, but also the costs of administering and enforcing the scheme, the fee was unlawful.’

Full Story

Arden Chambers, 31st July 2018

Source: www.ardenchambers.com

Senior judge warns experts over conditional fee agreements – Litigation Futures

Posted August 9th, 2018 in disciplinary procedures, expert witnesses, fees, news by tracey

‘The president of the Upper Tribunal’s Lands Chamber has warned expert witnesses that it could refer them to their professional bodies if they break the rules on conditional fees.’

Full Story

Litigation Futures, 8th August 2018

Source: www.litigationfutures.com