Judge warns against ‘hindsight’ to justify indemnity costs – The Guardian

Posted October 10th, 2017 in budgets, costs, indemnities, negligence, news by sally

‘The High Court has rejected the chance to approve indemnity costs against a losing party after it found the bringing of the case could be justified.’

Full Story

The Guardian, 10th October 2017

Source: www.lawgazette.co.uk

High Court to hear appeal over decision to cut hourly rates in budget after doing same to incurred costs – Litigation Futures

Posted September 19th, 2017 in appeals, budgets, costs, news by sally

‘The High Court is set to provide guidance on whether a costs judge who reduces the hourly rates for incurred costs should then do the same to budgeted costs.’

Full Story

Litigation Futures, 19th September 2017

Source: www.litigationfutures.com

Court of Appeal hears key case on wellbeing provisions of Care Act 2014 – Local Government Lawyer

Posted August 22nd, 2017 in appeals, budgets, disabled persons, news by sally

‘The Court of Appeal last week heard a case under the Care Act 2014 for the first time, with a disabled man challenging a High Court decision that a county council had acted lawfully in deciding to reduce his weekly personal budget by 42%.’

Full Story

Local Government Lawyer, 21st August 2017

Source: www.localgovernmentlawyer.co.uk

High Court approves increase to defendants’ £1.8m costs budget – Litigation Futures

Posted August 18th, 2017 in budgets, costs, news by sally

‘The High Court has approved an increase to defendants’ costs budget against the opposition of the claimants, a rare reported example of an application for variation.’

Full Story

Litigation Futures, 17th August 2017

Source: www.litigationfutures.com

Master calls on rules committee to solve riddle of the costs of budgeting – Litigation Futures

Posted August 16th, 2017 in budgets, civil procedure rules, costs, documents, judges, news by sally

‘A High Court Master has called on the Civil Procedure Rules Committee (CPRC) to resolve the “tension” between the need to “spell out in the eventual bill” the costs of costs budgeting and to include them in Precedent H.’

Full Story

Litigation Futures, 16th August 2017

Source: www.litigationfutures.com

Jackson LJ on costs in all judicial reviews: Aarhus rules to apply – UK Human Rights Blog

Posted August 1st, 2017 in budgets, costs, judicial review, news by sally

‘Jackson LJ is still toiling away at costs issues some 8 years after his main report. The original report changed the whole way in which the civil courts go about working how much, if anything, is due from one side to another at the end of a case – budgets being one key element. The main part of this new report concerns extending fixed costs further.’

Full Story

UK Human Rights Blog, 31st July 2017

Source: ukhumanrightsblog.com

Rule committee decides against revisiting budgeting limit for PI cases despite discount rate impact – Litigation Futures

Posted July 18th, 2017 in budgets, civil procedure rules, costs, news, personal injuries by sally

‘The Civil Procedure Rule Committee has decided against changing the financial threshold for costs budgeting in high-value personal injury cases, despite the prospect of the new discount rate taking a significant number of claims out of the regime.’

Full Story

Litigation Futures, 17th July 2017

Source: www.litigationfutures.com

How does the costs budget affect the final bill? – Court of Appeal provides guidance in Harrison – Zenith PI

‘Recent uncertainty as to how a costs budget impacts on the final bill in relation to both incurred and estimated costs has, to some extent, been resolved by the judgment in Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792.’

Full Story

Zenith PI, 6th July 2017

Source: zenithpi.wordpress.com

Harrison v. University Hospitals – Hailsham Chambers

Posted July 5th, 2017 in appeals, budgets, costs, news, proportionality, reasons by sally

‘In a decision handed down yesterday, the Court of Appeal in Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 791 determined important issues in costs budgeting. They are of relevance to all practitioners.’

Full Story

Hailsham Chambers, 22nd June 2017

Source: zm4b8103lu53ydv9q1e2go51-wpengine.netdna-ssl.com

“No value in making general comment on incurred costs” says chief master – Litigation Futures

Posted July 5th, 2017 in budgets, costs, news, proportionality by sally

‘The chief master of the Chancery Division has outlined considerable reservations about making a comment on incurred costs as part of the budgeting process, saying there is “little or no value” in recording a general comment such as that they are “too high”.’

Full Story

Litigation Futures, 4th July 2017

Source: www.litigationfutures.com

Media litigators unhappy with procedure and costs budgeting – Litigation Futures

‘Lawyers and other users of the new media and communications list are unhappy with how the Civil Procedure Rules (CPR) apply to the field, and particularly costs budgeting, according to the outcome of a consultation launched by Mr Justice Warby.’

Full Story

Law & Religion UK, 3rd July 2017

Source: www.litigationfutures.com

News focus: LASPO 4 years on, the Law Society review – Law Society’s Gazette

Posted July 3rd, 2017 in budgets, civil justice, criminal justice, legal aid, news by sally

‘Is access to justice an essential public service, akin to state schooling and lifelong healthcare free at the point of delivery? The Law Society believes it is – or at least should be – and pushes the point hard in a damning new report on the social consequences of swingeing funding and scope cuts to civil legal aid. Barriers erected by the Legal Aid, Sentencing and Punishment of Offenders act (LASPO) in 2013 have denied justice to some of the most vulnerable people in society, Chancery Lane argues in Access Denied? LASPO four years on.’

Full Story

Law Society's Gazette, 3rd July 2017

Source: www.lawgazette.co.uk

Costs: Appeal court backs Merrix stance on budget status – Law Society’s Gazette

Posted June 22nd, 2017 in budgets, civil procedure rules, costs, news, proportionality by sally

‘An approved budget cannot be re-opened by a costs judge at detailed assessment unless there is “good reason” to do so, the Court of Appeal held today in a much-awaited ruling in Harrison v University Hospitals Coventry & Warwickshire NHS Trust.’

Full Story

Law Society's Gazette, 21st June 2017

Source: www.lawgazette.co.uk

Recovering costs – helpful hints (private law) – Local Government Lawyer

‘James E. Petts sets out some key considerations for local authorities looking to recover their costs.’

Full Story

Local Government Lawyer, 9th June 2017

Source: www.localgovernmentlawyer.co.uk

Socrates case stayed for quantum discussions as tribunal orders Law Society to pay up to £230,000 in costs – Legal Futures

‘The fall-out from the decision that the Law Society breached competition law looks set to last for several more months after the Competition Appeal Tribunal laid out the timetable for determining damages.’

Full Story

Legal Futures, 5th June 2017

Source: www.legalfutures.co.uk

Court criticises party for ‘completely unrealistic’ view of other side’s costs – OUT-LAW.com

Posted May 19th, 2017 in budgets, case management, costs, news, proportionality by sally

‘A High Court judge has accused costs lawyers of “abuse of the cost budgeting process” following an “unjustifiably low” estimate of the other side’s costs.’

Full story

OUT-LAW.com, 18th May 2017

Source: www.out-law.com

Low-Budget Litigation – Not Necessarily A Good Thing – Parties Should Not Treat Costs Budgeting As Some Sort of Game – Zenith PI Blog

Posted May 16th, 2017 in budgets, civil justice, costs, news, solicitors by sally

‘It is far from unknown, in my own experience of costs management hearings, for a party which does not expect to recover any costs (for example, a defendant in a case where liability has been admitted) to serve a very low costs budget.’

Full story

Zenith PI Blog, 16th May 2017

Source: www.zenithpi.wordpress.com

“This is not a game” – High Court warns party that countered claimant’s budget with very low figures – Litigation Futures

Posted May 16th, 2017 in budgets, case management, costs, news by sally

‘A defendant who offered very low sums in their budget discussion report in the hope that the court may compromise in the middle of the polarised figures put forward by the two sides is guilty of “an abuse of the cost budgeting process”, a High Court judge has ruled.’

Full story

Litigation Futures, 15th May 2017

Source: www.litigationfutures.com

Cost of Legal Ombudsman to rise for first time as unpaid case fees cause problems – Legal Futures

Posted April 12th, 2017 in budgets, legal ombudsman, news by sally

‘The Legal Ombudsman’s (LeO) budget is set to rise for the first time since its creation – by £1m – with claims management companies not paying the case fees they have been charged the key cause and more expected to follow as they continue to go out of business.’

Full story

Legal Futures, 12th April 2017

Source: www.legalfutures.co.uk

Government given 21 days to explain climate change failures or face legal action – The Independent

Posted April 12th, 2017 in budgets, climate change, delay, energy, government departments, news, pollution by sally

‘Environmental lawyers at campaign group ClientEarth set deadline amid concern over repeated delays to publication of Government’s key plan to reduce greenhouse gas emissions.’

Full story

The Independent, 11th April 2017

Source: www.independent.co.uk