Unreasonable Behaviour – Costs on the Small Claims Track – Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269 – Zenith PI Blog

Posted May 18th, 2017 in appeals, costs, news, personal injuries, small claims by tracey

‘In 2002, Mr. Dammermann entered into a mortgage with a bank. He defaulted on that mortgage and LPA receivers were appointed. The receivers appointed Lanyon Bowdler to conduct the sale of the property. On sale of the property Lanyon rendered a bill to the receivers that was paid and became part of the secured liability. Mr. Dammermann issued proceedings contesting the legal fees charged.’

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Zenith PI Blog, 17th May 2017

Source: www.zenithpi.wordpress.com

Civil procedure: Unreasonable conduct and costs – Law Society’s Gazette

Posted May 15th, 2017 in appeals, civil procedure rules, costs, news, small claims by sally

‘It is trite that a court will carefully scrutinise the parties’ behaviour when assessing costs in civil disputes. There is now a rich body of case law which provides judicial guidance on the courts’ general approach in assessing unreasonable behaviour when considering whether to make adverse costs orders. Further judicial guidance on assessing unreasonable behaviour has recently been given by the Court of Appeal in Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269. In that case the court provided important guidance on the ‘unreasonable behaviour’ test for ordering costs in the small claims court.’

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Law Society’s Gazette, 15th May 2017

Source: www.lawgazette.co.uk

CA offers pointers on when costs should be awarded in small claims court – Litigation Futures

Posted April 19th, 2017 in appeals, civil procedure rules, costs, judges, news, small claims by tracey

‘The “unreasonable conduct” test for ordering costs in the small claims court is similar to that for wasted costs, the Court of Appeal has ruled, but said it would not want litigants to be “too easily deterred” by the risk of an adverse costs award.’

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Litigation Futures, 18th April 2017

Source: www.litigationfutures.com

Cloisters column: Reforming the Soft Tissue Injury (whiplash) Claims Process – Government consultation and reform in the ‘post-truth’ age? – Cloisters

Posted April 6th, 2017 in compensation, consultations, news, personal injuries, small claims by sally

‘In the 2015 autumn statement the then Chancellor announced proposals for whiplash claims and an increase to the small claims limit in personal injury actions. The Government has now published its Consultation response.’

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Cloisters, 30th March 2017

Source: www.cloisters.com

Model for online court “will begin to hear small claims from 1 June” – Legal Futures

Posted March 29th, 2017 in electronic filing, news, small claims by sally

‘The pioneering digital tribunal thought to be the model for England and Wales’s online court (OC) will begin resolving small claims disputes worth under about £3,000 on 1 June, it has emerged.

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Legal Futures, 29th March 2017

Source: www.legalfutures.co.uk

“We’ve gone for moderate options to reform PI,” says justice minister – Legal Futures

Posted March 21st, 2017 in bills, compensation, damages, news, personal injuries, road traffic, small claims by tracey

‘The increase in whiplash claims at a time of falling road traffic accidents and improving car safety means that “cases are obviously exaggerated to some extent, and perhaps fraudulent”, justice minister Sir Oliver Heald said yesterday as he defended the government’s “moderate” personal injury reform proposals during the second reading of the Prisons and Courts Bill.’

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Legal Futures, 21st March 2017

Source: www.legalfutures.co.uk

MPs launch inquiry into government’s personal injury reforms – Legal Futures

‘MPs on the justice select committee have launched a “short” inquiry into the personal injury reforms contained in the Prisons and Courts Bill. The announcement comes ahead of the bill’s second reading – during which the principles behind it will be debated – on Monday.’

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Legal Futures, 17th march 2017

Source: www.legalfutures.com

Legal expenses insurers will pick up the baton as Ministry of Justice whiplash reforms reduce access to justice for many – Litigation Futures

Posted March 2nd, 2017 in insurance, news, personal injuries, small claims by sally

‘Leading legal expenses insurer DAS is predicting an increase in demand for motor legal expenses insurance (MLEI) as a result of the Ministry of Justice’s response to the proposed personal injury reforms announced last week.’

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Litigation Futures, 1st March 2017

Source: www.litigationfutures.com

Government presses ahead with whiplash reforms – but gives ground on other PI claims – Legal Futures

‘The small claims limit will rise to £5,000 for whiplash cases, but only £2,000 for other personal injury (PI) claims, the Ministry of Justice (MoJ) announced today in a bid “to crack down on the compensation culture epidemic” – less than seven weeks after its consultation closed.’

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Legal Futures, 23rd February 2017

Source: www.legalfutures.co.uk

Society challenges government’s ‘concern’ for road accident victims – Law Society’s Gazette

‘Plans to increase the small claims limit will create difficulties for road accident victims, the Law Society has warned, as the government begins considering more than 9,000 responses to its proposals for tougher punishment for dangerous drivers.’

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Law Society’s Gazette, 3rd February 2017

Source: www.lawgazette.co.uk

Judiciary issues warning to government over impact of PI reform – Legal Futures

Posted January 19th, 2017 in consultations, insurance, judiciary, news, small claims by tracey

‘The judiciary has weighed into the debate about raising the small claims limit for personal injury by expressing “serious dismay” about the lack of consultation with judges and warning the government that any savings are likely to be outweighed by the significant extra burden litigants in person (LiPs) will put on the small claims court.’

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Legal Futures, 19th January 2017

Source: www.legalfutures.co.uk

Government forecast on impact of PI reforms “skewed against lawyers”, say economists – Legal Futures

‘The government’s own assessment of the impact of its planned personal injury reforms “makes the implicit assumption that solicitors, and the civil justice system as a whole, produce no benefits to society”, according to independent economists.’

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Legal Futures, 9th January 2017

Source: www.legalfutures.co.uk

Whiplash reforms treat victims ‘like an inconvenience’ – APIL – Law Society’s Gazette

Posted January 5th, 2017 in consultations, fraud, legal profession, news, personal injuries, small claims, victims by tracey

‘Claimant lawyers have mounted an all-out attack on the government’s plans to overhaul the personal injury sector as the deadline approaches for responses to a consultation.’

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Law Society’s Gazette, 4th January 2017

Source: www.lawgazette.co.uk

CJC group urges government to consider online system for PI small claims – Legal Futures

Posted December 12th, 2016 in Civil Justice Council, courts, internet, news, personal injuries, small claims by sally

‘Personal injury (PI) claims that fall into an enlarged small claims track under government reforms should be dealt with online rather than in court, an expert Civil Justice Council (CJC) group has suggested to the Ministry of Justice.’

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Legal Futures, 9th December 2016

Source: www.legalfutures.co.uk

Breathing space for PI lawyers? Reforms unlikely to have impact until 2018 – Legal Futures

Posted November 21st, 2016 in civil procedure rules, news, personal injuries, small claims by sally

‘The government has indicated that its plans for personal injury reform will not become law for well over a year.’

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Legal Futures, 21st November 2016

Source: www.legalfutures.co.uk

Claimants with minor injuries “don’t need lawyers”, says government – Legal Futures

‘Low-value road traffic accident claims “are not so complex that claimants routinely require legal representation to pursue them”, the government has argued – and suggested that claims management companies and paid McKenzie Friends could help instead.’

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Legal Futures, 17th November 2016

Source: www.legalfutures.co.uk

Finally – insurers get it in the neck for not passing on whiplash savings – Legal Futures

‘The insurance industry had a taste of its own PR medicine over the weekend after The Times accused insurers of “cheating motorists” by not passing on whiplash savings.’

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Legal Futures, 30th August 2016

Source: www.legalfutures.co.uk

Breaking: ‘minimal assistance’ from lawyers in online court – Law Society’s Gazette

‘A long-awaited report on the future of civil courts has recommended a new online court for dealing with all monetary claims up to £25,000.’

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Law Society’s Gazette, 27th July 2016

Source: www.lawgazette.co.uk

IT revolution “should keep low-value cases out of the courts altogether”, says MoJ official – Litigation futures

Posted July 22nd, 2016 in electronic filing, news, small claims by sally

‘The civil courts need to learn from the ombudsman model, “whereby huge numbers of relatively low value or low stakes cases are resolved simply, quickly and cheaply by avoiding hearings all together”, according to the civil servant in charge of digitising the courts.’

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Litigation Futures, 22nd July 2016

Source: www.litigationfutures.com

Overseas model for Briggs’ online court goes live – Legal Futures

Posted July 22nd, 2016 in electronic filing, news, small claims by sally

‘The pioneering online small claims court thought to be the model for England and Wales was launched in Canada last week when the Act moving it from voluntary to mandatory claims came into force.’

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Legal Futures, 22nd July 2016

Source: www.legalfutures.co.uk