‘The final procedural rules for next April’s extension of fixed recoverable costs to civil claims worth up to £100,000 will be made public as soon as possible, Lord Justice Birss said last week.’
Law Society’s Gazette, 7th November 2022
Source: www.lawgazette.co.uk
‘The internet is replete with humorous courtroom exchanges – genuine or apocryphal – between hapless lawyers and intelligent, sarcastic witnesses but the reality is that advocates come prepared with plenty of experience and usually know what they are going to ask. In contrast, most parties and witnesses in civil claims have probably never been inside a court and their “preparation” for the experience itself may have involved watching multiple episodes of Kavanagh QC or similar, largely unrealistic, courtroom dramas.’
Family Law, 28th October 2022
Source: www.familylaw.co.uk
‘A litigant with a mixed claim will not have to pay costs immediately for one part of their claim which has been thrown out already. In Achille v Lawn Tennis Association Services Ltd the Court of Appeal agreed that it was premature for the costs order to be enforced now against claimant Richard Achille. Instead the court should wait until the conclusion of proceedings to decide what costs should follow.’
Law Society’s Gazette, 28th October 2022
Source: www.lawgazette.co.uk
‘In a low value personal injury claim, what is the proper interpretation of the phrase, “such costs to be the subject of detailed assessment if not agreed”? If the parties have agreed such a provision within a consent order compromising the claim, have they effectively ‘contracted out of’ the fixed costs regime that would otherwise be applicable to an ex-Protocol claim? The Court of Appeal considered these questions in this decision.’
Guildhall Chambers, 13th October 2022
Source: www.guildhallchambers.co.uk
‘Lawyers must take note of a court’s refusal to allow multiple claimants with widely differing claims to use a single claim form, a legal expert has warned.’
OUT-LAW.com, 27th July 2022
Source: www.pinsentmasons.com
‘In Richards & Anor v Speechly Bircham LLP & Anor (Consequential Matters) [2022] EWHC 1512 (Comm) HHJ Russen QC (sitting as a judge of the High Court) considered, inter alia, the most appropriate costs order to be imposed on the unsuccessful defendant law firm for refusing to consider and engage in mediation. He concluded, wrongly in my view, that a failure to mediate did not justify an order for costs on an indemnity basis.’
Law Society's Gazette, 22nd July 2022
Source: www.lawgazette.co.uk
‘In principle, a claim can be made against one responsible party for all losses suffered, even when other parties were involved (e.g. a claim against solicitors when a barrister may have also provided advice) but what if a claim is made against you and you aren’t the only one to blame?’
Mills & Reeve, 26th July 2022
Source: www.mills-reeve.com
‘Fixed costs did not apply to a personal injury case which had fallen out of the protocol, the Court of Appeal has asserted. In Doyle v M&D Foundations & Building Services Ltd, Lord Justice Phillips ruled that there was no ambiguity in an agreed court order requiring the defendant to pay costs that were “subject of detailed assessment if not agreed.” ‘
Law Society's Gazette, 11th July 2022
Source: www.lawgazette.co.uk
‘The rules on misconduct in the CPR do not apply to solicitor/client costs assessments, the High Court has decided in overturning a finding against a Manchester law firm.’
Legal Futures, 4th July 2022
Source: www.legalfutures.co.uk
‘In Park v Hadi and Another [2022] EWCA Civ 581, the Court of Appeal (Holroyde, Stuart-Smith and Warby LJJ), reaffirmed the principle that a judge may, of her own discretion, grant relief from sanctions without formal notice or without any application at all. The Court went on to issue guidance as to how this judicial discretion ought to be exercised, observing that a judge should always act in accordance with the overriding objective and will likely only exercise her discretion to grant relief sparingly.’
Farrar's Building, 5th May 2022
Source: www.farrarsbuilding.co.uk
‘Once a Costs Management Order (“CMO”) has been made, parties are required to revise costs budgets if significant developments in the litigation warrant such revisions. If the revised costs budgets are not agreed, the Court’s approval of the variations must be sought by the revising party. The requirements for revisions to costs budgets and approval by the Court were in 3PD Paragraph 7.6 and, following amendments in 2020, are now in CPR 3.15A under the heading “Revision and variation of costs budgets on account of significant developments (‘variation costs’)”.’
Guildhall Chambers, 2nd May 2022
Source: www.guildhallchambers.co.uk
‘Jian Jun (JJ) Liew explores the practical implications for applications to remove litigation friends arising from the recent High Court case of Shirazi v Susa [2022] EWHC 477 (Ch).’
New Square Chambers, 28th March 2022
Source: www.newsquarechambers.co.uk
‘A High Court judge has condemned the “clearest case of failure to comply” with a new practice direction on witness statements that he had seen since it came into force last April.’
Legal Futures, 17th March 2022
Source: www.legalfutures.co.uk
‘New rules to help the courts trace cryptoassets overseas are being drawn up to deal with the increasing volume of litigation in this area, the master of the rolls revealed yesterday. “In the world of crypto fraud, there are no national barriers and unlawfully obtained cryptoassets can be difficult to trace,” Sir Geoffrey Vos told an audience of lawtech specialists in London.’
Law Society's Gazette, 25th February 2022
Source: www.lawgazette.co.uk
‘Allegations of criminal behaviour are normally tried in the criminal courts. But where a crime is either not prosecuted, or cannot be proved beyond reasonable doubt, the question may end up being tried in a civil court, even where the allegation is as serious as it could be, such as murder. This may cause difficulties where the evidence relied upon has been obtained by a third party, such as a police force whether in England or abroad, and the claimant is not in a position to give a detailed account of the allegation until that evidence is available.’
St John's Chambers, 1st February 2022
Source: www.stjohnschambers.co.uk
‘The court may order a stay of a claim pursuant to CPR 3.1(2)(f) where the claimant has previously been ordered to pay the defendant sums in satisfaction of an adjudicator’s decision and the claimant has not done so. That power is exercised, in part, with the “pay now argue later” ethos of the Construction Act 1996 in mind. The key decisions to date (which I discuss below) balance a party’s rights of access to the court against those broader policy objectives. This post looks at a case in which the TCC applied and expanded the case law in this area, RHP Merchants and Construction Ltd v Treforest Property Co Ltd.’
Practical Law: Construction Blog, 2nd February 2022
‘In this post, Kenny Henderson and Alex Askew of CMS comment on the Supreme Court’s decision in Lloyd v Google LLC [2021] UKSC 50, which concerned whether a representative data protection action seeking damages for loss of control of personal data could be brought on behalf of large numbers of unidentifiable class members.’
UKSC Blog, 31st January 2022
Source: ukscblog.com
‘The Civil Justice Council has published its final report on the resolution of small claims (PDF, opens in a new tab), following an interim report published in June 2021.’
Courts and tribunals Judiciary, 28th January 2022
Source: www.judiciary.uk
‘There has been a growing impetus in recent years to enable individuals in the UK to come together to bring the same or similar claims against those they believe are responsible for wrongdoing. These claims are commonly known as “class actions”, a term particularly popular in US litigation, though they are also often referred to as “group actions” or “collective actions” too. However, in fact, the various terms describe a range of different procedures. In this guide, which focuses on the position in England and Wales, we use the overarching phrase “mass actions”.’
OUT-LAW.com, 7th January 2022
Source: www.pinsentmasons.com
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