Let’s be civil and stop ‘loser pays’ – The Times
“Many people face financial ruin if they venture into court and lose. A landmark report suggests some alternatives.”
The Times, 13th May 2009
Source: www.timesonline.co.uk
Category: costs
Judge criticises court fee plans – BBC News
“A senior judge has called on the government to reconsider plans to increase court fees in civil and family cases in England and Wales.”
BBC News, 8th May 2009
Source: www.bbc.co.uk
What will the Jackson report say? – The Times
“All we know for sure is that it is a mammoth 1,000 pages long. But the contents of Lord Justice Jackson’s initial report on reforming civil litigation costs have been a well-guarded secret before publication tomorrow.”
The Times, 7th May 2009
Source: www.timesonline.co.uk
Red River UK Ltd and Another v Sheikh and Another – Times Law Reports
Red River UK Ltd and Another v Sheikh and Another
Court of Appeal
“Where an appeal was compromised, the parties were under a duty to inform the court before the hearing so that unnecessary costs were not incurred and court time wasted.”
The Times, 6th May 2009
Source: www.timesonline.co.uk
Legal costs threaten journalism, editors tell MPs – The Guardian
“Editors including the Guardian’s Alan Rusbridger warned MPs yesterday that the ‘chilling’ costs of legal action were increasingly deterring investigative journalism.”
The Guardian, 5th May 2009
Source: www.guardian.co.uk
It is time to scrap lawyers’ success fees? – The Times
“Next week Lord Justice Jackson, the Court of Appeal judge, will outline provisional proposals of his review on the costs of litigation. Among other things he is likely to urge a look at a new way to fund civil cases that could substantially replace no-win, no-fee cases for a large range of civil actions.”
The Times, 23rd April 2009
Source: www.timesonline.co.uk
Can’t afford to sue? Who do you call? – The Times
“Third parties bankrolling litigation used to be anathema. The credit crunch has brought a sea change.”
The Times, 16th April 2009
Source: www.timesonline.co.uk
Regina (Mendes and Another) v Southwark London Borough Council – Times Law Reports
Regina (Mendes and Another) v Southwark London Borough Council
Court of Appeal
“A judge needed to give reasons for preferring one side’s arguments over the other on an application made by written submissions concerning costs.”
The Times, 7th April 2009
Source: www.timesonline.co.uk
R (Mendes and another) v Southwark London Borough Council – WLR Daily
R (Mendes and another) v Southwark London Borough Council; [2009] WLR (D) 108
“A judge needed to give reasons for preferring one side’s arguments over the other on an application for costs made by written submissions following the case being settled.”
WLR Daily, 25th March 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.
Jackson review triggers debate over costs in top-end litigation – Legal Week
“Concerns have been raised about whether Lord Justice Rupert Jackson’s review into the high cost of civil litigation should apply to large-scale commercial disputes.”
Legal Week, 26th March 2009
Source: www.legalweek.com
Regina v Balshaw – WLR Daily
Regina v Balshaw [2009] EWCA Crim 470; [2009] WLR (D) 102
“Where a person was convicted of an offence before the Crown Court, and was ordered to pay costs to the prosecutor, there was no principle that the order was proscribed where the costs were designed to compensate a third party.”
WLR Daily, 18th March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.
R (Perinpanathan) v City of Westminster Magistrates’ Court – WLR Daily
R (Perinpanathan) v City of Westminster Magistrates’ Court; [2009] WLR (D) 92
“In exercising its power under s 64(1) Magistrates’ Court Act 1980 to make ‘such order as to costs … as it thinks just and reasonable’ a magistrates’ court was entitled, when dismissing forfeiture proceedings, to take into account its view that the application had reasonably been made.”
WLR Daily, 12th March 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.
Controlling costs in defamation proceedings – Ministry of Justice
“New proposals to control costs in defamation proceedings were announced by Justice Minister Bridget Prentice today.”
Ministry of Justice, 24th February 2009
Source: www.justice.gov.uk
Government to cap legal bills in libel cases – The Times
“Plans to cap what can be multi-million pound legal fees incurred in fighting libel cases were outlined by the Government today after pressure from media groups.”
The Times, 24th February 2009
Source: www.timesonline.co.uk
Civil Procedure Rules: Cost Capping Orders Response Paper – Ministry of Justice
“A consultation being conducted on behalf of the Civil Procedure Rule Committee on proposals to amend part 44 of the Civil Procedure Rules by inserting rules on costs capping orders. The consultation also proposes amendments to the Costs Practice Direction to provide guidance on costs capping. The proposals are drawn from current case law and so do not propose new policy.”
Ministry of Justice, 23rd February 2009
Source: www.justice.gov.uk
Jones v Attrill – Times Law Reports
Court of Appeal
“A solicitor was required to notify his client if he had an interest in recommending a particular insurance policy covering conditional fee agreements, if a reasonable person, knowing the relevant facts, would think that that interest might affect the advice the solicitor gave to his client.”
The Times, 16th January 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Fees scheme may defuse VHCC row – Law Society’s Gazette
“A breakthrough in the dispute threatening to disrupt trials of very high cost criminal cases (VHCCs) could be in sight following the publication of new funding proposals.”
Law Society’s Gazette, 8th January 2009
Source: www.lawgazette.co.uk
C v W – WLR Daily
C v W [2008] EWCA Civ 1459; WLR (D) 4
“There was nothing unreasonable in a simple conditional fee agreement entered into between a claimant and her solicitor when liability had already been admitted by the defendant in the proceedings provided that the parties had made a proper assessment of the inevitably much reduced risk of failure.”
WLR Daily, 7th January 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.
Jones v Attrill; Hibberd v Michael Jane Hair & Beauty; Tankard v John Fredericks Plastics Ltd (Law Society intervening) – WLR daily
“The purpose of reg 4(2)(e)(ii) of the Conditional Fee Agreement Regulations 2000 was to ensure that a solicitor acted and gave advice independently of his own interest. To determine whether, for the purposes of that regulation, a solicitor had an interest in recommending a particular insurance contract to his client, the test was whether a reasonable person with knowledge of the relevant facts would think that the existence of the interest might affect the advice given by the solicitor to his client, and if so, the interest should be disclosed.”
WLR Daily, 15th December 2008
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.
Setback for small businesses under new VAT dispute rules – The Times
“Small businesses already struggling because of the economic downturn are facing a further setback under new rules that will prevent them from recovering their costs in VAT disputes with the taxman.”
The Times, 8th December 2008
Source: www.timesonline.co.uk
