Insurers hail ruling that credit hire company was the ‘real instigator’ of claim – Law Society’s Gazette

Posted July 23rd, 2024 in accidents, claims management, costs, insurance, news, road traffic by tracey

‘Insurers have hailed a county court judgment on credit hire – the provision of a temporary vehicle by a claims management company in an RTA claim – as a significant turning point on costs liability.’

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Law Society's Gazette, 22nd July 2024

Source: www.lawgazette.co.uk

Insurers win costs orders against Anexo over credit hire – Legal Futures

Posted July 19th, 2024 in costs, insurance, law firms, news by michael

‘His Honour Judge Saunders in Central London County Court held that Direct Accident Management Ltd (DAML) was the “real party” to litigation to recover the credit hire charges and should bear the risk of unsuccessful claims.’

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Legal Futures, 19th July 2024

Source: www.legalfutures.co.uk

Notionally Flawed? Notional Assessments in LSPO Applications – Financial Remedies Journal

‘The past weeks have brought two more High Court judgments considering the practice of deducting a percentage from an LSPO applicant’s costs provision by way of a “notional standard assessment”. The first, JK v LM [2024] EWHC 1442 (Fam), was a judgment of Cobb J doubling down on the practice. The second, KV v KV [2024] EWFC 165, was a judgment of Peel J, taking a more ambivalent approach, suggesting it be used as a “cross check” and highlighting that it may operate unfairly in some cases. Cobb J’s elevation to the Court of Appeal may see his approach becoming dominant. The unfairness caused by the “notional assessments” in LSPO applications has been explored by us previously. Here we argue that it is also conceptually flawed.’

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Financial Remedies Journal, 11th July 2024

Source: financialremediesjournal.com

What is a bill? Costs lawyers urge regime reform – Legal Futures

Posted July 10th, 2024 in costs, law firms, news, solicitors by tracey

‘Two significant High Court rulings in which law firms’ billing arrangements did not achieve what they had intended, emphasise the need for reform of the legal framework around them, the Association of Costs Lawyers (ACL) has argued.’

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Legal Futures, 10th July 2024

Source: www.legalfutures.co.uk

Costs lawyers call for guidelines rates and judiciary recognition – Legal Futures

Posted July 9th, 2024 in costs, judiciary, legal profession, news, recruitment, remuneration by sally

‘Costs lawyers have become a fundamental part of litigation teams and this needs to be recognised in the guideline hourly rates and with the ability to apply for judicial appointment, it has been argued.’

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Legal Futures, 9th July 2024

Source: www.legalfutures.co.uk

Judge rejects defendant’s request to pay law firm’s £2m costs – Legal Futures

Posted July 3rd, 2024 in costs, fees, fraud, law firms, news by sally

‘A High Court judge has refused a request from a defendant in the London Capital & Finance fraud case to use the proceeds of sale of his home to pay his solicitors over £2m.’

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Legal Futures, 3rd July 2024

Source: www.legalfutures.co.uk

Firm showed a ‘lackadaisical’ approach to breach of contract – Law Society’s Gazette

Posted June 17th, 2024 in contracts, costs, indemnities, law firms, news, solicitors, wasted costs orders by tracey

‘A Slough firm is facing a wasted costs order after it showed a “lackadaisical” approach to a breach of contract claim it was instructed in, a court has heard.’

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Law Society's Gazette, 17th June 2024

Source: www.lawgazette.co.uk

Organisers fined over horse-loving teen’s death – BBC News

Posted June 17th, 2024 in accidents, costs, fines, health & safety, news by tracey

‘The organisers of a horse and carriage fun day have been fined and ordered to pay costs totalling £230,000 after a teenager was killed taking part in an event 12 years ago.’

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BBC News, 15th June 2024

Source: www.bbc.co.uk

“Modest, but not insignificant” costs penalty for defendants’ silence in the face of an offer to mediate – Gatehouse Chambers

Posted June 14th, 2024 in appeals, chambers articles, costs, dispute resolution, news by sally

‘In Northamber PLC v Genee World Ltd & Ors (Rev1) [2024] EWCA Civ 428, the Court of Appeal considered the costs consequences for parties who remain silent in the face of an offer to mediate. What the High Court described as a “half-hearted attempt” the Court of Appeal has rebranded a “clear offer to mediate”. On costs, the Judge erred in failing to consider: (i) that the defendants’ silence constituted unreasonable conduct, and (ii) breaches of a previous order requiring any party not engaging in ADR offered by the other side to serve a witness statement setting out reasons for the refusal.’

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Gatehouse Chambers, 30th May 2024

Source: gatehouselaw.co.uk

Allege and Fail to Prove Fundamental Dishonesty? A ‘Significant Risk’ You’ll Pay Indemnity Costs – Parklane Plowden Chambers

‘In this case, the claimants brought a claim arising from a RTA in May 2017.
Liability was in issue. The claimants alleged the defendant driver had driven his van into their car; whereas the defendant driver alleged that the claimant driver drove from a parked position into the side of his van. The defence pleaded that the claimants’ credibility and honesty would be challenged at trial.’

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Parklane Plowden Chambers, 30th May 2024

Source: www.parklaneplowden.co.uk

Winning defendants lose out on 25% of costs after mediation refusal – Law Society’s Gazette

Posted June 4th, 2024 in costs, county courts, dispute resolution, news, penalties by tracey

‘Successful county court defendants who had flatly rejected offers to mediate have been denied some of their costs as a penalty.’

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Law Society's Gazette, 4th June 2024

Source: www.lawgazette.co.uk

Government “does not understand” impact of decade-old legal aid cuts – Legal Futures

‘The government does not understand how costs may have shifted to other areas of the justice system or public sector following cuts in legal aid spending, the House of Commons public accounts committee (PAC) has warned.’

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Legal Futures, 29th May 2024

Source: www.legalfutures.co.uk

Costs order was ‘fair’ where barrister forgot to renew his practising certificate, High Court judge finds – Law Society’s Gazette

‘Restricting the recovery of a barrister’s fees to work done while he held a practising certificate was not unfair, the High Court judge has ruled.’

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Law Society's Gazette, 28th May 2024

Source: www.lawgazette.co.uk

Rebekah Vardy and Coleen Rooney’s ‘Wagatha Christie’ case returns to High Court – The Independent

Posted May 29th, 2024 in costs, defamation, media, news, privacy, sport by tracey

‘Rebekah Vardy and Coleen Rooney have taken the “Wagatha Christie” case back to court for a further hearing over soaring costs.’

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The Independent, 28th May 2024

Source: www.independent.co.uk

Landlord who breached injunction preventing harassment of council staff handed suspended sentence and £75k costs order – Local Government Lawyer

‘A landlord in Kent has been sentenced to six months in prison, suspended for three years, and ordered to pay £75,000 in costs after being found in contempt of court.’

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Local Government Lawyer, 22nd May 2023

Source: www.localgovernmentlawyer.co.uk

High Court rejects SRA appeal against £75,000 costs order – Legal Futures

‘The High Court has rejected the Solicitors Regulation Authority’s (SRA) appeal against a £75,000 costs order made after its failed prosecution of a solicitor.’

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Legal Futures, 20th May 2024

Source: www.legalfutures.co.uk

McCloud Costs Directions: BMA v HM Treasury – Pensions Barrister

Posted May 16th, 2024 in age discrimination, costs, equality, judicial review, news, pensions by sally

‘Edward Sawyer of Wilberforce Chambers discusses the Court of Appeal’s decision in BMA v HM Treasury, which upheld the validity of directions made by the Treasury to charge members rather than taxpayers with the costs of remedying the discrimination in public sector schemes following the McCloud litigation.’

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Pensions Barrister, 16th May 2024

Source: www.pensionsbarrister.com

Article by Matthew Smith : The New Family Procedure Rules: Costs sanctions for failing to engage in NCDR – Park Square Barristers

Posted May 15th, 2024 in chambers articles, costs, dispute resolution, families, family courts, news by sally

‘In the recent High Court decision of X v Y [2024] EWHC 538 (Fam), Mrs Justice Knowles gave a strong forewarning over the forthcoming changes to the FPR and how the same are likely to be interpreted in financial remedies hearings and in cases concerning children.’

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Park Square Barristers, 3rd April 2024

Source: www.parksquarebarristers.co.uk

It’s official: fixed costs for clinical negligence set for October – Legal Futures

‘The government has finally confirmed that fixed recoverable costs (FRC) for low-value clinical negligence claims that settle pre-issue will come into force in October 2024, six months later than planned.’

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Legal Futures, 10th May 2024

Source: www.legalfutures.co.uk

A warning for housing lawyers – Local Government Lawyer

‘Stefan Liberadzki discusses the new Intermediate Track and fixed costs.’

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Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk