“Reforms drawn up in the wake of the £100m BCCI court battle are being widely ignored according to senior lawyers who warn momentum is rapidly draining from attempts to rein in High Court costs.”
Legal Week, 25th September 2008
Source: www.legalweek.com
“Courts will have formal powers to make costs-capping orders under changes proposed by the civil procedure rule committee.”
Law Society’s Gazette, 18th September 2008
Source: www.lawgazette.co.uk
“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, 12th September 2008
Source: www.justice.gov.uk
“The government’s response to a consultation on changes to the Criminal Defence Service (Recovery of Defence Costs Orders) Regulations.”
Ministry of Justice, 10th September 2008
Source: www.justice.gov.uk
R (Compton) v Wiltshire Primary Care Trust [2008] EWCA Civ 749; [2008] WLR (D) 221
“The Court of Appeal set down the appropriate procedure to deal with protective costs orders in the Court of Appeal.”
WLR Daily, 3rd July 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.
“A rise in court costs could be deterring local authorities from applying for protection for vulnerable children, the BBC has learned.”
BBC Law in Action, 1st July 2008
Source: www.bbc.co.uk
“A motorist who challenged a £60 speeding fine is now facing a legal bill of £15,000 after her appeal was rejected by a judge.”
Daily Telegraph, 26th June 2008
Source: www.telegraph.co.uk
Court of Appeal
“In costs-only proceedings following the out-of-court settlement of a small-value road traffic claim, the court had no discretion to disallow the successful claimant a success fee provided for in the conditional fee agreement with her solicitors.”
The Times, 13th June 2008
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.
Court of Appeal
“Where a claimant had obtained judgment as to liability and had been awarded damages exceeding an earlier payment-in, the judge was none the less empowered to award costs in favour of the losing party or to make no order for costs.”
The Times, 4th June 2008
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.
“A senior High Court judge has called for an overhaul of the court costs system in environmental cases because ordinary people were being denied their right to challenge decisions affecting their lives.”
The Guardian, 25th May 2008
Source: www.guardian.co.uk
“Uncertainty shrouds litigation costs, which is putting obstacles in the way of access to justice, a panel of experts warned at The Lawyer’s antitrust litigation conference last week (7 May).”
The Lawyer, 12th May 2008
Source: www.thelawyer.com
R (Compton) v Wiltshire Primary Care Trust; [2008] WLR (D) 123
“There was no test of exceptionality to be applied before a protective costs order could be made.”
WLR Daily, 23rd April 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.
Carver v BAA plc [2008] EWCA Civ 412; [2008] WLR (D) 122
“Where a claimant had obtained judgment as to liability, and an award in damages of a sum exceeding an earlier payment in, a judge was empowered by CPR r 36.14(1) to adopt a broad approach when considering costs and the question whether the result was ‘more advantageous’ vis à vis a refused payment in, and he was entitled if appropriate to award costs in favour of a losing party or to make no order for costs.”
WLR Daily, 23rd April 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.
Legal Services Commission v Rasool
Court of Appeal
“Where the Legal Services Commission sought to recover sums following the revocation of a legal aid certificate, the quantum of costs paid or payable need not first be established before a cause of action accrued.”
The Times, 21st April 2008
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.
“A feud over a 4ft-wide strip of land has seen neighbours rack up £300,000 in lawyers’ bills, and left one family effectively homeless.”
Daily Telegraph, 20th March 2008
Source: www.telegraph.co.uk
“Paul Rogerson looks at the recurring controversy surrounding costs in clinical negligence claims.”
Law Society’s Gazette, 13th March 2008
Source: www.lawgazette.co.uk
Legal Services Commission v Rasool [2008] EWCA Civ 154; WLR (D) 75
“For the purposes of limitation and ascertaining the date of accrual of a cause of action permitting the Legal Services Commission to recover costs following revocation of a legal aid certificate, it was not a condition precedent that the quantum of any such costs should first be established before time started to run.”
WLR Daily, 6th March 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.
“The Civil Justice Council (CJC) looks set to back ‘light-touch’ regulation of the fast-emerging market for third-party dispute funding, in a move that could further usher the model into the mainstream of UK litigation.”
Legal Week, 14th February 2008
Source: www.legalweek.com
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