Flatman v Germany(Law Society intervening); Weddall v Barchester Health Care Ltd (Same intervening) – WLR Daily

Posted April 17th, 2013 in costs, disclosure, fees, law reports, personal injuries, solicitors by sally

Flatman v Germany(Law Society intervening); Weddall v Barchester Health Care Ltd (Same intervening) [2013] EWCA Civ 278; [2013] WLR (D) 138

“The funding of a client’s disbursements by a solicitor did not, without more, justify the making of an adverse costs order against that solicitor.”

WLR Daily, 10th April 2013

Source: www.iclr.co.uk

Regina (Edwards and another) v Environment Agency and others (No 2) – WLR Daily

Posted April 16th, 2013 in EC law, judicial review, law reports, protective costs orders by sally

Regina (Edwards and another) v Environment Agency and others (No 2) (C-260/11); [2013] WLR (D) 136

“The requirement pursuant to article 10a of Council Directive 85/337/EEC and article 15a of Council Directive 96/61/EC that the review by members of the public of the legality of environmental decisions by public law bodies should not be “prohibitively expensive” meant that the members of the public covered by those provisions should not be prevented from seeking or pursuing a claim for judicial review by reason of the financial burden that might arise.”

WLR Daily, 11th April 2013

Source: www.iclr.co.uk

Ofcom takes action on ‘notoriously murky’ charges for calling 0800 numbers – The Independent

Posted April 16th, 2013 in costs, news, telecommunications by sally

“Mobile phone users will no longer be charged to dial supposedly freephone 0800 numbers under plans published today by the telecoms regulator.”

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The Independent, 15th April 2013

Source: www.independent.co.uk

Law firms cannot be held liable for disbursement costs, rules CoA – The Lawyer

Posted April 12th, 2013 in champerty, costs, fees, news, solicitors by sally

“Firms cannot automatically be held liable for costs when they have funded a claimant’s disbursements in a failed claim, the Court of Appeal has ruled.”

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The Lawyer, 11th April 2013

Source: www.thelawyer.com

The Future of commercial litigation: Bleak House or Great Expectations? – Littleton Chambers

Posted April 11th, 2013 in barristers, costs, fees, news, solicitors by sally

The Future of commercial litigation: Bleak House or Great Expectations? (PDF)

Littleton Chambers, 2nd April 2013

Source: www.littletonchambers.com

Pre-action correspondence and costs following discontinuance: a practical view from the Bar – Littleton Chambers

Posted April 11th, 2013 in civil procedure rules, costs, news, pre-action conduct by sally

“In his monthly column, James Bickford Smith considers the Court of Appeal’s decision in Nelson’s Yard Management Company and others v Eziefula [2013] EWCA Civ 235 and how a failure to respond to pre-action correspondence can justify departure from the default rules on costs following discontinuance.”

Full story (PDF)

Littleton Chambers,

Source: www.littletonchambers.com

Expert witness ruling a blow to children, Society warns – Law Society’s Gazette

Posted April 10th, 2013 in children, costs, expert witnesses, family courts, legal aid, news by sally

“Children involved in family law cases will face extra uncertainty following a High Court ruling on the funding of expert witnesses, the Law Society has warned.”

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Law Society’s Gazette, 10th April 2013

Source: www.lawgazette.co.uk

Do your bit for legal fairness – The Lawyer

Posted April 9th, 2013 in costs, law centres, legal aid, news, pro bono work by sally

“As legal aid declines, there are a number of different ways lawyers can help to fill the gap.”

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The Lawyer, 8th April 2013

Source: www.thelawyer.com

April Fool’s – The Barristers’ Hub

“The 1st of April 2013 marks the implementation of a swathe of changes to the Civil Procedure Rules as part of the implementation of the ‘Jackson Report’ into civil procedure and funding. The aim of the report, in the words of Jackson, L. J. himself, is ‘to promote access to justice at proportionate cost’.”

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The Barristers’ Hub, 5th April 2013

Source: www.barristershub.co.uk

How to cut the costs of getting divorced – The Guardian

Posted April 8th, 2013 in budgets, costs, custody, divorce, financial provision, internet, legal aid, news by sally

“Legal aid for the 120,000 couples who divorce in a typical year all but disappears in England and Wales this week, except in cases where domestic violence can be proved. While many are predicting a big increase in DIY divorces, costing as little as £37, the changes have also prompted the arrival of a raft of new fixed-fee legal deals that keep lawyers’ bills below £500.”

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The Guardian, 6th April 2013

Source: www.guardian.co.uk

BIS issues guidance on what costs can be passed to consumers through payment surcharges – OUT-LAW.com

Posted April 5th, 2013 in consumer credit, consumer protection, costs, news, regulations by sally

“The Government has issued guidance that sets out the kind of costs businesses incur that they are legitimately able to claim back through payment surcharging under new rules set to come into force this weekend.”

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OUT-LAW.com, 5th April 2013

Source: www.out-law.com

No QOCS here: A Guide to the CPR Amendments you may have missed – Zenith Chambers

“In all of the furore surrounding LASPO and the very real concerns about funding, it seems that very little attention has been paid to the significant changes to the CPR which will come into force on 1st April 2013. This is not an article about funding, legal aid, CFAs, DBAs, or even QOCS. Instead it is intended to provide an overview and guidance on the amendments being made to the CPR.”

Full story (PDF)

Zenith Chambers, 28th March 2013

Source: www.zenithchambers.co.uk

Absolutely Transparent – Pink Tape

Posted April 2nd, 2013 in adoption, costs, family courts, media, news, reporting restrictions by sally

“Transparency in family justice is an issue that cannot be swept under the carpet.”

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Pink Tape, 29th March 2013

Source: www.pinktape.co.uk

Jackson: lawyers welcome implementation of long-awaited reforms – The Lawyer

Posted April 2nd, 2013 in budgets, costs, disclosure, legal profession, news by sally

“Disputes lawyers across the market have broadly welcomed the Jackson Reforms, which come into force today, saying they will ease the burden created by disclosure.”

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The Lawyer, 1st April 2013

Source: www.thelawyer.com

Interpreter company wins costs order appeal – Law Society’s Gazette

Posted March 26th, 2013 in appeals, costs, interpreters, news, third parties by sally

“The company contracted by the Ministry of Justice to provide court interpreters has won an appeal against a decision to award a third-party costs order after a sentencing hearing was adjourned due an interpreter’s non-appearance.”

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Law Society’s Gazette, 26th March 2013

Source: www.lawgazette.co.uk

Jackson reforms: trials and tribulation – Law Society’s Gazette

Posted March 26th, 2013 in costs, damages, delay, fees, news, personal injuries, regulations by sally

“One could be forgiven for thinking the campaign to halt or defer the main planks of the civil justice reforms devised by Sir Rupert Jackson is still in full swing. To be fair to the refusniks, the impression that all was not settled has been given in part by the last-minute approach the Ministry of Justice has taken to issuing details on implementation. If the government and the senior judiciary had yet to say what was to come on, respectively, damages-based agreements and big-ticket costs budgeting, perhaps they were still open to persuasion?”

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Law Society’s Gazette, 25th March 2013

Source: www.lawgazette.co.uk

Legal aid is being ruled out of court – The Guardian

“From the beginning of April 2013 the chances of getting help with legal bills will be slim. The Law Society estimates 650,000 cases will no longer qualify, including 20,000 employment cases and 200,000 in family law.”

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The Guardian, 23rd March 2013

Source: www.guardian.co.uk

Legal aid: Lawyer’s strike warning over reform plans – BBC News

Posted March 25th, 2013 in barristers, bills, budgets, costs, industrial action, legal aid, news, solicitors by sally

“A Welsh barrister has warned that lawyers could go on strike against the UK government’s latest plan to cut the legal aid bill in England and Wales.”

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BBC News, 24th March 2013

Source: www.bbc.co.uk

Trouble for personal injury law firms means trouble for claimants – The Guardian

Posted March 21st, 2013 in costs, fees, law firms, news, personal injuries by sally

“While there is little public sympathy for solicitors the truth is that people will soon find it harder to claim compensation.”

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The Guardian, 21st March 2013

Source: www.guardian.co.uk

Press regulation: publishers may have grounds for legal challenge – The Guardian

“Newspapers likely to take action over regulations that will require huge payouts when stories are wrong.”

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The Guardian, 19th March 2013

Source: www.guardian.co.uk