“As the profession awaits Jackson LJ’s civil justice costs review, the cases set to shape this year’s litigation get underway.”
The Lawyer, 10th January 2010
Source: www.thelawyer.com
“A company director has admitted a motoring offence he says he has not committed after becoming one of the first to be caught by controversial new rules on court costs.”
Daily Telegraph, 9th January 2010
Source: www.telegraph.co.uk
“The Law Society is set to seek a judicial review of the government’s move to drastically reduce the legal costs that defendants can reclaim if they are acquitted of a criminal offence.”
Law Society’s Gazette, 17th December 2009
Source: www.lawgazette.co.uk
ENE Kos 1 Ltd v Petroleo Brasilieiro SA [2009] EWCA Civ 1127; [2009] WLR (D) 313
“The effective date of a payment into court where payment was made by cheque, whether a sterling cheque or a foreign currency cheque, was the date when the cheque was lodged in the court fund office.”
WLR Daily, 4th November 2009
Source: www.lawreports.co.uk
Earles v Barclays Bank plc [2009] EWHC 2500 (Mercantile); [2009] WLR (D) 309
“Although there was no duty on the parties to preserve documents prior to the commencement of proceedings, after proceedings had begun, the situation was radically different. That was particularly so in relation to electronic information stored by a bank.”
WLR Daily, 29th October 2009
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.
“Policy report outlining a new claims process for road traffic accident personal injury claims valued between £1,000 and £10,000.”
Ministry of Justice, 6th October 2009
Source: www.justice.gov.uk
“The Association of Personal Injury Lawyers has walked out of talks on extending fixed costs in personal injury cases, the Gazette has learned.”
Law Society’s Gazette, 10th September 2009
Source: www.lawgazette.co.uk
“Prosecutors say they were justified in spending an estimated £20,000 on the crown court trial of a man who was acquitted of stealing a 25p banana.”
BBC News, 7th August 2009
Source: www.bbc.co.uk
“A plan to cut the cost of litigating over patent infringements by a factor of ten has been submitted to a review of litigation costs in England and Wales. The plan proposes cutting the cost of action from between £500,000 and £1 million to £50,000.”
OUT-LAW.com, 4th August 2009
Source: www.out-law.com
“The Bar Council has today published its response to Lord Justice Jackson’s Preliminary Report on the costs of civil litigation. Lord Justice Jackson, who has been asked by the Master of the Rolls to investigate civil litigation costs, published his Preliminary Report in May 2009. A Bar Council Working Group, chaired by Michael Todd QC, has submitted its response to the Preliminary Report. This sets out the Bar Council’s views on the principles of civil litigation costs and on case management.”
The Bar Council, 31st July 2009
Source: www.barcouncil.org.uk
“Three lawyers are planning the flotation of a £50m fund that will make money by financing legal disputes and sharing in any damages awarded.”
The Times, 19th July 2009
Source: www.timesonline.co.uk
“There was no general principle that where an otherwise successful party had put forward a dishonest case in relation to an issue in the litigation, the general rule in CPR r 44.3(2)(a) that costs should follow the event should be displaced.”
WLR Daily, 15th July 2009
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.
Privy Council
“After-the-event insurance premiums and success fees under conditional fee agreements entered into with English counsel and solicitors were not recoverable as costs by a successful party in an appeal to the Privy Council from Jamaica whose domestic law did not permit conditional fee agreements or allow for a successful party’s expenditure on after-the-event premiums to be an allowable disbursement.”
The Times, 10th July 2009
Source: www.timesonline.co.uk
Seaga v Harper (No 2) [2009] UKPC 26; [2009] WLR (D) 212
“Success fees under conditional fee agreements, and premiums paid on ‘after the event’ (‘ATE’) insurance cover were not recoverable as costs by a successful party in an appeal to the Privy Council from Jamaica whose domestic law did not allow conditional fee agreements or permit expenditure on ATE premiums to be an allowable disbursement.”
WLR Daily, 29th June 2009
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.
Speech by Sir Anthony May, President of the Queen’s Bench Division
Full text of speech (PDF)
Costs Conference, 19th June 2009
Judiciary of England and Wales, 25th June 2009
Source: www.judiciary.gov.uk
“Changes to fees in the civil courts are to be introduced in order to target taxpayers’ money more effectively while helping those in financial difficulty, Justice Minister Bridget Prentice announced today (18 June).”
Ministry of Justice, 18th June 2009
Source: www.justice.gov.uk
“The BBC is no doubt still licking its wounds after settling a claim, reputedly for up to £6 million, by Mohamed Taranissi, an IVF specialist. He launched his claim after a Panorama programme, broadcast in January 2007, made serious allegations about his medical practices.”
The Times, 18th June 2009
Source: www.timesonline.co.uk
“Ten years ago I took on the task of looking at how we could reform our slow and costly civil justice system. The resulting proposals were enshrined in new civil procedure rules (CPR). They were intended to transform, and I believe did transform, the legal system. The object was to create a new way of conducting civil litigation in England and Wales.”
The Times, 11th June 2009
Source: www.timesonline.co.uk
Mohammadi v Shellpoint Trustees Ltd and another [2009] EWHC 1098 (Ch); [2009] WLR (D) 169
“When a legally assisted person’s solicitors had ceased to act, without another firm being retained under a legal aid certificate, and that fact had been communicated to the opposing party, then from the moment of that communication the litigant ceased to be a legally assisted person for the purposes of the Legal Aid Act 1988.”
WLR Daily, 21st May 2009
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.
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