Libel success fees limited to 10% – Law Society’s Gazette

Posted March 5th, 2010 in costs, defamation, fees, media, news, solicitors by sally

“The success fees charged by lawyers in defamation cases will be cut by 90% after justice secretary Jack Straw laid an order to amend the laws on ‘no win, no fee’ agreements.”

Full story

Law Society’s Gazette, 5th March 2010

Source: www.lawgazette.co.uk

Libel lawyers have success fees cut up to 90 per cent – Daily Telegraph

Posted March 4th, 2010 in costs, defamation, fees, media, news, solicitors by sally

“Libel lawyers will have their success fees cut by 90 per cent under a Government ruling which has been hailed as a victory for press freedom.”

Full story

Daily Telegraph, 4th March 2010

Source: www.telegraph.co.uk

Richard Buxton (a firm) v Mills-Owen (Law Society intervening) – WLR Daily

Posted February 25th, 2010 in appeals, costs, law reports, solicitors by sally

Richard Buxton (a firm) v Mills-Owen (Law Society intervening) [2010] EWCA Civ 122; [2010] WLR (D) 49

“It was wrong to restrict the circumstances in which a solicitor might lawfully terminate his retainer to those in which he was instructed to do something improper. Solicitors were under a professional duty not to advance arguments which they did not consider to be properly arguable and where a client insisted that such an argument should be advanced a solicitor was lawfully entitled to terminate his retainer.”

WLR Daily, 24th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bilkus v Stockler Brunton (a firm) – WLR Daily

Posted February 18th, 2010 in appeals, costs, law reports, solicitors by sally

Bilkus v Stockler Brunton (a firm) [2010] EWCA Civ 101; [2010] WLR (D) 43

“When a solicitor rendering his invoice to a client charged an uplift fee he had to give careful attention to the question whether the work charged for was contentious or non-contentious work.”

WLR Daily, 17th February 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

O’Beirne v Hudson – WLR Daily

Posted February 18th, 2010 in appeals, consent orders, costs, law reports by sally

O’Beirne v Hudson [2010] EWCA Civ 52; [2010] WLR (D) 42

“Where a consent order provided for costs to be assessed on the standard basis the costs judge was not entitled to vary that order or to assess by reference to the small claims track. The costs judge was entitled to take account of all circumstances including the fact that had the case been allocated it would have been allocated to the small claims track. The costs judge had to have regard to what could or could not be recovered if so allocated. The test was whether it was reasonable for the paying party to pay more than would have been recoverable in a case that should have been allocated to the small claims track.”

WLR Daily, 17th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Government ‘actively assessing’ Jackson report – Law Society’s Gazette

Posted February 18th, 2010 in civil justice, costs, news, reports by sally

“The government and the opposition have hinted that they would implement some of Lord Justice Jackson’s recommendations on civil litigation costs, following the first parliamentary exchange on the judge’s report since its publication a month ago.”

Full story

Law Society’s Gazette, 18th February 2010

Source: www.lawgazette.co.uk

Drew v Whitbread plc – WLR Daily

Posted February 17th, 2010 in costs, law reports by sally

Drew v Whitbread plc [2010] EWCA Civ 53; [2010] WLR (D) 41

“A party was not precluded from raising a matter before a costs judge on an assessment of costs which it had not raised before the trial judge when he exercised his discretion as to costs. Consequently a party could raise with the costs judge the issue that the case should have been a fast track case with costs assessed accordingly. The costs judge was not entitled simply to say that the costs would be assessed as if it were a fast track case but should proceed on the basis that the fact that the case should have been fast track was something to be taken into account when assessing costs.”

WLR Daily, 17th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Irish Reel Productions Ltd v Capitol Films Ltd – WLR daily

Posted February 12th, 2010 in costs, law reports, winding up by sally

Irish Reel Productions Ltd v Capitol Films Ltd [2010] EWHC 180 (Ch); [2010] WLR (D) 33

“Where a person presented a winding up petition and appeared at the hearing of an administration application the court had jurisdiction to order that the costs of prosecuting the petition were payable as an expense of the administration.”

WLR Daily, 11th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Radical cleric’s home seized to pay legal bills – The Independent

Posted February 9th, 2010 in costs, legal aid, news by sally

“Legal aid bosses have seized the house belonging to radical cleric Abu Hamza to pay off his legal bills, it was revealed today.”

Full story

The Independent, 9th February 2010

Source: www.independent.co.uk

Bar Council to launch legal action against MoJ – Law Society’s Gazette

Posted February 9th, 2010 in costs, criminal justice, fees, judicial review, news by sally

“The Bar Council and the Criminal Bar Association are set to take the government to court for the first time in 20 years over what they claim are ‘inadequate and unfair’ consultations on new fees for criminal legal aid work.”

Full story

Law Society’s Gazette, 8th February 2010

Source: www.lawgazette.co.uk

R (Perinpanathan) v City of Westminster Magistrates’ Court and another – WLR Daily

Posted February 8th, 2010 in appeals, costs, forfeiture, law reports by sally

R (Perinpanathan) v City of Westminster Magistrates’ Court and another [2010] EWCA Civ 40; [2010] WLR (D) 26

“A magistrates’ court exercising its discretion under s 64(1) of the Magistrates’ Courts Act 1980 ‘to make an order for costs … as it thinks just and reasonable’  in relation to forfeiture proceedings successfully defended was entitled to refuse to order the police to pay the costs on the ground that they had acted honestly, properly and reasonably in bringing and continuing the proceedings in the public interest.”

WLR Daily, 5th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bar Council Moves Toward Judicial Review of Government’s Consultations on Criminal Legal Aid – The Bar Council

Posted February 8th, 2010 in costs, fees, judicial review, legal aid, pre-action conduct, press releases by sally

“The Bar Council has taken the first step toward a judicial review (JR) of two consultations on Advocates Graduated Fees and Very High Cost Cases (VHCCs) which are being conducted by the Ministry of Justice (MoJ) and the Legal Services Commission (LSC) respectively.  The Bar Council has instructed solicitors to write to the MoJ and the LSC, in accordance with the pre-action protocol for judicial review claims.  The principal basis for the Bar Council’s claim is that the consultation exercise is inadequate and unfair.”

Full press release

The Bar Council, 5th February 2010

Source: www.barcouncil.org.uk

The Jackson report: PI claimant lawyers rue detrimental effect on access to justice – The Lawyer

Posted January 26th, 2010 in costs, fees, news, personal injuries, reports by sally

“The personal injury (PI) claimant market has launched an all-out assault on Lord Justice Jackson’s report into civil legal costs, arguing that his proposals would actually impede access to justice.”

Full story

The Lawyer, 25th January 2010

Source: www.thelawyer.com

Government proposes slashing libel lawyers’ success fees – OUT-LAW.com

Posted January 21st, 2010 in costs, defamation, fees, news by sally

“The Government plans to slash the success fees that no-win no-fee lawyers can claim in libel cases. The proposed action is part of the Ministry of Justice’s reform of libel law.”

Full story

OUT-LAW.com, 21st January 2010

Source: www.out-law.com

Straw proposes reducing success fees in defamation cases – Ministry of Justice

Posted January 20th, 2010 in costs, defamation, fees, Ministry of Justice, press releases by sally

“Success fees that lawyers can charge for winning defamation cases in no-win, no-fee agreements should be reduced from 100% to 10%, Justice Secretary Jack Straw announced today.”

Full press release

Ministry of Justice, 19th January 2010

Source: www.justice.gov.uk

Libel lawyers’ ‘success fees’ to be cut by 90% to aid investigative journalism – The Guardian

Posted January 20th, 2010 in costs, defamation, fees, media, news by sally

“Lawyers who sue the media will see their fees cut by 90% under plans set out by the government today to bring down the cost of libel actions.”

Full story

The Guardian, 20th January 2010

Source: www.guardian.co.uk

Economic Growth and Social Equity Mean Jackson Reforms are vital to the National Interest – The Bar Council

Posted January 18th, 2010 in costs, fees, news, reports by sally

“The wide-ranging review of the cost of accessing the civil justice system must be an economic and social priority of any incoming government, the Bar Council said today.”

Full story

The Bar Council, 15th January 2010

Source: www.barcouncil.org.uk

Review of Civil Litigation Costs: final report – Judiciary of England and Wales

Posted January 15th, 2010 in costs, fees, news, personal injuries, reports by sally

Review of Civil Litigation Costs: final report (PDF)

Judiciary of England and Wales, 14th January 2010

Source: www.judiciary.gov.uk

Jack Straw: review of civil litigation costs – Ministry of Justice

Posted January 14th, 2010 in costs, fees, Ministry of Justice, news, personal injuries, reports by sally

“Justice Secretary Jack Straw has thanked Sir Rupert Jackson for his comprehensive report on costs in civil litigation.”

Full story

Ministry of Justice, 14th January 2010

Source: www.justice.gov.uk

Law Society files judicial review application over defendants’ costs cap – Law Society’s Gazette

Posted January 14th, 2010 in costs, judicial review, Law Society, legal aid, news by sally

“The Law Society has filed a judicial review application in a move to overturn new government regulations restricting the costs that can be recovered by acquitted defendants.”

Full story

Law Society’s Gazette, 14th January 2010

Source: www.lawgazette.co.uk