Little sign of slowdown in solicitor-client costs disputes – Legal Futures

Posted December 17th, 2024 in appeals, costs, dispute resolution, news, solicitors, statistics by tracey

‘Few costs lawyers have seen a reduction in disputes between solicitors and their clients despite 2022’s Court of Appeal ruling in Belsner, their representative body has reported.’

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Legal Futures, 17th December 2024

Source: www.legalfutures.co.uk

Arbitrating Costs Provision Applications – Financial Remedies Journal

Posted December 10th, 2024 in arbitration, costs, divorce, family courts, news by tracey

‘There have been few seismic changes in family law that reshaped everything. Much as we would love suddenly to have a new landscape for our professional work, most of us can only hope to find small solutions that work for some small corner of one field. However, bit by bit this may all contribute to an evolving and improving climate in which families change and start their new chapters. Here we hope is one more such.’

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Financial Remedies Journal, 5th December 2024

Source: financialremediesjournal.com

Judge blasts City firm’s “disgraceful” and “improper” conduct – Legal Futures

Posted November 25th, 2024 in costs, fees, fraud, insolvency, law firms, misrepresentation, negligence, news, solicitors, winding up by tracey

‘A judge has condemned the London arm of a US law firm for sending a “disgraceful” letter to a competitor of one of its clients.’

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Legal Futures, 25th November 2024

Source: www.legalfutures.co.uk

Lack of sanction for costs draftsman shows “hole in regulation” – Legal Futures

‘A judge’s comments on the lack of recourse against an unregulated costs draftsman should focus minds on this hole in legal regulation, the Association of Costs Lawyers (ACL) has argued.’

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Legal Futures, 20th November 2024

Source: www.legalfutures.co.uk

Practice and Procedure Report – November 2024 – 39 Essex Chambers

Posted November 14th, 2024 in chambers articles, costs, Court of Protection, news by tracey

‘In the Practice and Procedure Report: costs and delay and capacity in cross-border cases.’

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39 Essex Chambers, 1st November 2024

Source: www.39essex.com

Council worker who objected to pronouns policy ordered to pay £12k in costs after losing employment tribunal – Local Government Lawyer

‘A council worker who protested against his local authority employer’s pronouns policy has been ordered to pay £12,000 in costs after his claim of unfair dismissal was dismissed in the Employment Tribunal.’

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Local Government Lawyer, 8th November 2024

Source: www.localgovernmentlawyer.co.uk

Surrey magistrates’ ‘standard practice’ declared unlawful by the High Court – Law Society’s Gazette

Posted November 7th, 2024 in benefits, compensation, costs, fraud, magistrates, news by tracey

‘Magistrates who made a “clearly irrational” order for a gas engineer to pay £22,000 within 28 days were following a “standard practice” which was unlawful, the High Court has ruled.’

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Law Society's Gazette, 6th November 2024

Source: www.lawgazette.co.uk

Leasehold notes – RTM notices and Rule 13 costs – Nearly Legal

Posted November 4th, 2024 in costs, landlord & tenant, leases, news, service charges by tracey

‘A few quick notes on some leasehold related cases. A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd (2024) UKSC 27. The Commonhold and Leasehold Reform Act 2002 stipulates that a Notice of Claim for Right to Manage must be served on “each person who is a landlord under a lease of the whole or any part of the premises”.’

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Nearly Legal, 3rd November 2024

Source: nearlylegal.co.uk

Recovering adult social care charges via insolvency administration orders – Local Government Lawyer

Posted November 4th, 2024 in administration orders, bankruptcy, costs, debts, news by tracey

‘Yisroel Greenberg explores the circumstances in which an insolvency administration order should be considered, summarises the legal framework, and offers some practical suggestions when considering applying for one’

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Local Government Lawyer, 1st November 2024

Source: www.localgovernmentlawyer.co.uk

Supreme Court: clients must agree specific costs deductions – Legal Futures

Posted October 25th, 2024 in appeals, costs, damages, fees, law firms, news, solicitors, Supreme Court by sally

‘Solicitors cannot deduct their costs from a client’s damages without their agreement to the precise amount, the Supreme Court ruled today.’

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Legal Futures, 23rd October 2024

Source: www.legalfutures.co.uk

Form FM5 and MIAM’s – Becket Chambers

‘It has been a requirement for a number of years that before financial proceedings or children matters that the applicant, save for a few exemptions, is required to attend a Mediation Information and Assessment Meeting [MIAM]. Often by the time parties attend their MIAM, they have reached the stage of utter frustration and have felt that the only way forward was to go to court. The MIAM for some people became a mere hurdle to be overcome so that they could go to court, it was a tick box exercise.’

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Becket Chambers, 24th September 2024

Source: becket-chambers.co.uk

Court orders parties to engage in ADR over costs – Legal Futures

Posted October 16th, 2024 in civil procedure rules, costs, defamation, dispute resolution, media, news by sally

‘A ruling that a former Conservative MP and a national newspaper must engage in alternative dispute resolution (ADR) before their argument over costs can be heard is a landmark that could herald the start of a new era, the Association of Costs Lawyers (ACL) has said.’

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Legal Futures, 16th October 2024

Source: www.legalfutures.co.uk

Major report rejects regulation of third-party litigation funding – Legal Futures

Posted October 16th, 2024 in civil justice, costs, news, third parties by sally

‘There should only be a move to regulate third-party litigation funding (TPLF) in the event of “an identifiable problem or market failure”, a major report has concluded.’

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Legal Futures, 16th October 2024

Source: www.legalfutures.co.uk

Clarity on the Merits Threshold for Freezing Injunctions: the Court of Appeal in Isabel dos Santos v Unitel S.A. – The 36 Group

Posted October 16th, 2024 in appeals, chambers articles, costs, freezing injunctions, injunctions, loans, news by tracey

‘By a Judgment handed down on 30 September 2024 the Court of Appeal dismissed an appeal by Ms Isabel dos Santos against a worldwide freezing order (WFO) and a consequential costs order granted against her by Bright J on 20 December 2023. The Judgment provides welcome clarity in the wake of conflicting authority on the proper approach to the merits threshold for obtaining a freezing injunction, and also confirms the approach to be taken on costs.’

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The 36 Group, 9th October 2024

Source: 36group.co.uk

SRA criticised for ‘legally misconceived’ case and costs appeal against solicitor – Law Society’s Gazette

‘A KC who represented a solicitor in the High Court after the Solicitors Regulation Authority appealed a costs order following a failed prosecution has criticised the regulator’s “legally misconceived” actions.’

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Law Society's Gazette, 11th October 2024

Source: www.lawgazette.co.uk

Costs orders following budgeting – two recent cases – 1 QMLR

Posted October 10th, 2024 in budgets, chambers articles, costs, news by sally

‘Two judgments recently handed down by Master Thornett illustrate the risk of adverse costs orders being made at Costs Management Conferences where parties fail to produce reasonable and proportionate costs budgets.’

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1 QMLR, 9th October 2024

Source: 1corqmlr.com

No misconduct by Rooney lawyers, judge rules – BBC News

Posted October 9th, 2024 in barristers, costs, defamation, news, professional conduct, sport by sally

‘Coleen Rooney’s lawyers did not commit misconduct, a judge has ruled, after Rebekah Vardy accused her of “deliberately” understating her legal costs during the 2022 Wagatha libel trial.’

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BBC News, 8th October 2024

Source: www.bbc.co.uk

Row over ‘sheer magnitude’ of Wagatha legal bill – BBC News

Posted October 8th, 2024 in costs, defamation, media, news, privacy, sport by sally

‘The so-called Wagatha Christie dispute has gone back to the High Court, with Rebekah Vardy challenging the “sheer magnitude” of the legal costs claimed by Coleen Rooney from their 2022 libel trial.’

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BBC News, 7th October 2024

Source: www.bbc.co.uk

Chris Packham ‘forced to pay £200,000 to pensioner’ after libel case – Daily Telegraph

Posted October 7th, 2024 in costs, damages, defamation, news by michael

‘Chris Packham has been forced to pay £200,000 to a pensioner and country sportsman he was accused of pursuing ‘vindictively” through the courts, it has been claimed.’

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Daily Telegraph, 5th October 2024

Source: www.telegraph.co.uk

What’s new in lawyers’ liability in autumn 2024? – 4 New Square

Posted September 25th, 2024 in barristers, chambers articles, costs, negligence, news, solicitors by tracey

‘Returning from the summer break is a good time to take stock of recent developments in professional liability case law. Helen Evans KC identifies some of the core themes emerging from the recent authorities on lawyers’ negligence, as well as some eye-catching costs decisions involving both solicitors and barristers.’

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4 New Square, 20th September 2024

Source: www.4newsquare.com