Chris Packham ‘forced to pay £200,000 to pensioner’ after libel case – Daily Telegraph

Posted October 7th, 2024 in costs, damages, defamation, news by michael

‘Chris Packham has been forced to pay £200,000 to a pensioner and country sportsman he was accused of pursuing ‘vindictively” through the courts, it has been claimed.’

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Daily Telegraph, 5th October 2024

Source: www.telegraph.co.uk

What’s new in lawyers’ liability in autumn 2024? – 4 New Square

Posted September 25th, 2024 in barristers, chambers articles, costs, negligence, news, solicitors by tracey

‘Returning from the summer break is a good time to take stock of recent developments in professional liability case law. Helen Evans KC identifies some of the core themes emerging from the recent authorities on lawyers’ negligence, as well as some eye-catching costs decisions involving both solicitors and barristers.’

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4 New Square, 20th September 2024

Source: www.4newsquare.com

Unreasonable conduct and a leasehold mess – Nearly Legal

Posted September 23rd, 2024 in costs, jurisdiction, landlord & tenant, leases, news by tracey

‘Zaid Alothman Holdings Ltd & Ors v Better Intelligent Management Ltd & Anor (COSTS – CONDUCT – what amounts to “unreasonable conduct”) (2024) UKUT 253 (LC)
This was the appellant leaseholders’ appeal from an FTT decision refusing them Rule 13 costs on the freeholder/managing agent’s application for determination of breach of lease which was dismissed for lack of jurisdiction. It isn’t so much of interest for the decision itself (though that is interesting) but about what the conduct of the freeholder, the tangle of the law and the messy outcome say about the state of leasehold law in general.’

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Nearly Legal, 22nd September 2024

Source: nearlylegal.co.uk

Social worker awarded £55k and £8k costs after accusing council employer of discriminating against protected beliefs – Local Government Lawyer

‘A social worker who worked for Cambridgeshire County Council has been awarded more than £55,000 in compensation and £8,000 in costs, after asserting that she was discriminated against for reasons relating to her gender critical beliefs and/or sexual orientation.’

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Local Government Lawyer, 20th September 2024

Source: www.localgovernmentlawyer.co.uk

Long read: Judges tire of gameplaying tactics in costs disputes – Law Society’s Gazette

Posted September 16th, 2024 in budgets, costs, judges, news, sanctions by tracey

‘In two rulings, claimants’ overstated costs budgets and the inability to settle issues without a hearing have attracted judicial ire. Experts are warning that parties are not immune from sanctions.’

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Law Society's Gazette, 14th September 2024

Source: www.lawgazette.co.uk

Claimant in personal injury case against council penalised over “unrealistic and inappropriately ambitious” approach to estimated costs – Local Government Lawyer

Posted September 12th, 2024 in accidents, budgets, case management, costs, news, personal injuries by tracey

‘Master Thornett has ordered a 35% reduction in the claimed budget of a man who suffered an accident while working for Thurrock Council.’

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Local Government Lawyer, 12th September 2024

Source: www.localgovernmentlawyer.co.uk

Costs in Regulatory Proceedings: Solicitors’ Regulatory Authority v Tsang [2024] EWHC 1150 (KB) (Admin) – 2 Hare Court

‘The courts has consistently maintained that in order to ensure that Regulators maintain their statutory obligation to protect the public, costs should not simply be awarded against them unless specific circumstances apply. In the recent judgment of Solicitors’ Regulatory Authority v Tsang Eyre J reviewed the relevant authorities and once again confirmed the position.’

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2 Hare Court, 9th September 2024

Source: www.2harecourt.com

Renowned solicitor advocate Robin Makin loses appeal against £105,000 costs order – Law Society’s Gazette

‘A renowned solicitor advocate has had his appeal against a £105,000 costs order dismissed by a judge because he applied to the wrong court.’

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Law Society's Gazette, 8th September 2024

Source: www.lawgazette.co.uk

High Court Upholds Costs Orders Against Halton Borough Council Over Planning Inquiry – Local Government Lawyer

Posted September 4th, 2024 in costs, expert witnesses, health & safety, housing, inquiries, local government, news, planning by tracey

‘The High Court has upheld two costs orders against Halton Borough Council following the collapse of a planning inquiry due to the failure of the council’s expert witness to support its case.’

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Local Government Lawyer, 4th September 2024

Source: www.localgovernmentlawyer.co.uk

Developer and director who ignored enforcement notice hit with more than £300k in fines and costs – Local Government Lawyer

Posted September 3rd, 2024 in construction industry, costs, enforcement notices, fines, news, planning by tracey

‘Developers who forged ahead with construction on a residential site despite receiving a temporary stop notice and an enforcement notice have been ordered to pay £120,000 in costs to South Hams District Council.’

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Local Government Lawyer, 30th August 2024

Source: www.localgovernmentlawyer.co.uk

Court hits claimant who pitched up with ‘unrealistic’ budget – Law Society’s Gazette

Posted August 27th, 2024 in budgets, costs, negligence, news, penalties by tracey

‘A clinical negligence claimant who saw their unrealistic costs budget slashed cannot claim for the costs of sorting out the argument, a court has ruled.’

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Law Society’s Gazette, 23rd August 2024

Source: www.lawgazette.co.uk

NCDR Redux: The Impact of October’s CPR Amendments – Financial Remedies Journal

Posted August 19th, 2024 in civil procedure rules, costs, dispute resolution, families, family courts, news by tracey

‘One of the changes to the FPR 2010 made when the material parts of the Family Procedure (Amendment No 2) Rules 2023 came into force on 29 April 2024 was an amendment to r 28.3(7) which by the insertion of a new (aa)(ii) makes “any failure by a party, without good reason, to attend non-court dispute resolution” a basis to depart from the general starting point that there should be no order as to costs. This is repeated in para 10E of PD 3A which states “the court may take the parties conduct in relation to attending non-court dispute resolution into account when considering whether to make an order for costs in relation to the proceedings”.’

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Financial Remedies Journal, 16th August 2024

Source: financialremediesjournal.com

Green light for billionaire to challenge law firm’s £13m fees – Legal Futures

Posted August 2nd, 2024 in appeals, costs, fees, law firms, news, solicitors by michael

‘The Court of Appeal has upheld a decision that none of the 79 invoices worth nearly £13m received by a billionaire businessman over six years were statutory bills, meaning they remain open for challenge.’

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Legal Futures, 2nd August 2024

Source: www.legalfutures.co.uk

Miscellaneous – legal costs under leases, Tribunal appointed managers and the BSA, and estopping a van Hoogstraten – Nearly Legal

‘Thanet Lodge (Mapesbury Road) & Anor v Mirchandani (LANDLORD AND TENANT – SERVICE CHARGES – recovery of legal and mediation expenses as service charges) (2024) UKUT 205 (LC). This was an appeal on a leaseholder’s challenge to the payability of legal costs that the RTM company had sought to put through the service charge.’

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Nearly Legal, 28th July 2024

Source: nearlylegal.co.uk

England postpones decision on proposed non-party access to court documents rule – OUT-LAW.com

Posted August 1st, 2024 in civil procedure rules, consultations, costs, documents, news by tracey

‘A highly anticipated decision by the Civil Procedure Rule Committee (CPRC) on non-party access to court documents in England and Wales has been postponed following a large volume of responses to a consultation on its proposed plans.’

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OUT-LAW.com, 31st July 2024

Source: www.pinsentmasons.com

SRA ordered to pay costs after “flawed” ban on non-solicitor – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has ordered the Solicitors Regulation Authority (SRA) to pay costs of £5,000 after bringing a “flawed and misconceived” case against a non-solicitor.’

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Legal Futures, 30th July 2024

Source: www.legalfutures.co.uk

Houssein & Others v London Credit Limited & Another [2024] EWCA Civ 721 – Falcon Chambers

‘The First Respondent (“LCL”) agreed to loan £1,881,000 to the Third Appellant, CEK Investments Limited (“CEK”), for a period of 12 months. The loan was secured by a debenture over CEK’s assets, personal guarantees from CEK’s directors the First Appellant and her husband (who had subsequently died and whose estate was now represented by their son, the Second Appellant), and mortgages over 5 buy-to-let properties and their family home.’

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Falcon Chambers, 4th July 2024

Source: www.falcon-chambers.com

High Court rejects claim asylum seeker was a child when he entered UK and had his age assessed – Local Government Lawyer

Posted July 26th, 2024 in asylum, children, costs, immigration, local government, news by sally

‘No arguable public law error arose when the London Borough of Hounslow assessed a Sudanese asylum seeker as being an adult.’

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Local Government Lawyer, 25th July 2024

Source: www.localgovernmentlawyer.co.uk

Costs of low-value clin neg claims now exceed damages – Legal Futures

Posted July 25th, 2024 in costs, damages, hospitals, negligence, news by sally

‘Claimant costs bills for clinical negligence claims valued up to £25,000 now exceed damages for the first time, according to NHS data.’

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Legal Studies, 25th July 2024

Source: www.legalfutures.co.uk

PXT (A Child) v Atere-Roberts [2024] EWHC 1372 (KB) Costs Management: possible, and beneficial, even when the Claimant is a child – 12 King’s Bench Walk

Posted July 24th, 2024 in accidents, chambers articles, children, costs, damages, news, personal injuries by tracey

‘In this case Master Brown ordered that a case involving a child claimant should be subject to costs management, despite falling within an exception to automatic costs budgeting, and despite the medical prognosis not yet being finalised.’

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12 King's Bench Walk, 12th July 2024

Source: costsandlitigationfunding.com