Category: costs

Inquests and the Fixed Recoverable Costs Reforms: To Be Or Not To Be? – Parklane Plowden Chambers

Posted October 4th, 2023 in chambers articles, costs, inquests, news by sally

‘Access to representation in the inquest process in relation to costs recoverability presently hangs in the balance as the final government proposals following the July MoJ consultation on Fixed Recoverable Costs (FRC) are awaited. Amongst other issues, the recoverability of inquest costs in Fatal Accident Act cases is part of the FRC consultation.’

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Parklane Plowden Chambers, 27th September 2023

Source: www.parklaneplowden.co.uk

Local authority challenges Tribunal costs awards decision following specialist school legal battle – Local Government Lawyer

Posted October 2nd, 2023 in appeals, autism, costs, education, local government, news, school children, special educational needs, tribunals by sally

‘East Sussex County Council has submitted a request for permission to appeal a decision ordering it to pay school fees costs to the family of a young autistic boy.’

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Local Government Lawyer, 29th September 2023

Source: www.localgovernmentlawyer.co.uk

Experts hit out at 20-page limit on reports in intermediate track – Legal Futures

Posted September 29th, 2023 in civil procedure rules, costs, expert witnesses, limitations, news by sally

‘Expert witnesses have made a last-minute call to scrap the rule in the new intermediate track for civil claims that limits their reports to 20 pages.’

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Legal Futures, 29th September 2023

Source: www.legalfutures.co.uk

Anonymous litigant barred from bitcoin costs challenge – Law Society’s Gazette

Posted September 21st, 2023 in anonymity, costs, cryptocurrencies, news by sally

‘The absence of a specific procedure rule requiring a paying party’s name and address in costs assessment proceedings does not permit the party to conceal their identity from the court, an appeal judge has ruled.’

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Law Society's Gazette, 20th September 2023

Source: www.lawgazette.co.uk

Counsel’s fees to be excluded from clin neg fixed fees regime – Legal Futures

Posted September 20th, 2023 in barristers, compensation, costs, damages, fees, government departments, negligence, news, personal injuries by sally

Fees for counsel’s advice in lower-value clinical negligence cases will not be recoverable under the fixed recoverable cost (FRC) regime unless a child or protected party is involved, the Department of Health and Social Care (DHSC) has proposed.

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Legal Futures, 20th September 2023

Source: www.legalfutures.co.uk

When could issuing a claim form involve an abuse of process? – Mills & Reeve

Posted September 20th, 2023 in abuse of process, chambers articles, civil procedure rules, costs, news by sally

‘A party to litigation can act in abuse of process in many different circumstances. Abusing the process of the court can lead to the striking out of a claim or defence, or to other less draconian sanctions. In this article, we consider when a claimant could be found to have acted in abuse of process shortly before and when issuing proceedings.’

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Mills & Reeve, 19th September 2023

Source: www.mills-reeve.com

Claimant representatives furious at clinical negligence reform – Legal Futures

Posted September 18th, 2023 in barristers, costs, damages, government departments, negligence, news, personal injuries, solicitors by sally

‘Claimant representatives have reacted angrily to the government’s decision to press ahead with fixed recoverable costs for clinical negligence cases that settle pre-issue for less than £25,000.’

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Legal Futures, 18th September 2023

Source: www.legalfutures.co.uk

Clients ordered to pay costs assigned by firm to non-lawyer – Legal Futures

Posted September 15th, 2023 in appeals, assignment, costs, fees, law firms, news, solicitors by sally

‘A law firm’s former clients have lost their appeal against a decision that they owe outstanding fees to the non-lawyer who took assignment of their retainers.’

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Legal Futures, 15th September 2023

Source: www.legalfutures.co.uk

Insolvent insurer’s policyholders fail in claim over unpaid legal costs – Legal Futures

Posted September 14th, 2023 in compensation, costs, insolvency, insurance, news by sally

‘The Financial Services Compensation Scheme (FSCS) does not have to compensate policyholders for the legal costs they were awarded after taking legal action against an insurer that became insolvent before paying them, the Court of Appeal has ruled.’

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Legal Futures, 14th September 2023

Source: www.legalfutures.co.uk

Judges criticise Mastercard fees of 70% above guideline rates – Law Society’s Gazette

Posted September 14th, 2023 in class actions, competition, costs, fees, news, solicitors, tribunals by sally

‘Judges in the Competition Appeal Tribunal have taken a scythe to costs claims where solicitors were charging as much as 70% above the guideline hourly rate in a high profile group action.’

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Law Society's Gazette, 12th September 2023

Source: www.lawgazette.co.uk

ClientEarth to face costs bill in directors’ liability case – Law Society’s Gazette

Posted September 4th, 2023 in appeals, charities, climate change, company directors, costs, environmental protection, news by sally

‘Campaigning law charity ClientEarth will have to foot its opponent’s costs in its failed attempt to hold directors of Shell personally responsible for the oil company’s environmental policies, the judge in the case has ordered. In ClientEarth v Shell plc & Ors, The Honourable Mr Justice Trower rejected an attempt under the civil procedure rules to claim a derogation from the ‘unsuccessful party pays’ principle.’

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Law Society's Gazette, 1st September 2023

Source: www.lawgazette.co.uk

Where now for litigation funding? The likely impact of the Supreme Court’s decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28 – Gatehouse Chambers

Posted September 1st, 2023 in appeals, chambers articles, claims management, competition, costs, damages, news, Supreme Court by sally

‘The likely impact of the Supreme Court’s decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28.’

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Gatehouse Chambers, 26th July 2023

Source: gatehouselaw.co.uk

SRA told to pay solicitor £75k in costs for failed prosecution – Legal Futures

Posted August 31st, 2023 in costs, disciplinary procedures, financial advice, mistake, news, prosecutions, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) has been slapped with a £75,000 costs order after making an “essential mistake of law” in a failed prosecution of a solicitor.’

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Legal Futures, 31st August 2023

Source: www.legalfutures.co.uk

Third Party Costs Orders and Experts: Order Restored – QMLR

Posted August 30th, 2023 in appeals, chambers articles, costs, dentists, expert witnesses, negligence, news by sally

‘Sweeting J in the High Court allowed a medico-legal expert’s appeal against a Third Party Costs Order (“TPCO”) made against him. The TPCO had awarded the Defendant NHS Trust the full sum of the costs incurred by it in the defence of the action brought by the Claimant.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

Barrister reprimanded for “unreasonable” conduct of immigration case – Legal Futures

Posted August 30th, 2023 in barristers, costs, disciplinary procedures, fines, immigration, judicial review, negligence, news, wasted costs orders by sally

‘A barrister made subject to a wasted costs order because of his conduct of an immigration judicial review has been reprimanded and fined by the Bar Standards Board (BSB).’

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Legal Futures, 30th August 2023

Source: www.legalfutures.co.uk

APIL issues JR over shortcomings in new fixed costs rules – Legal Futures

Posted August 25th, 2023 in consultations, costs, judicial review, Ministry of Justice, negligence, news, personal injuries, solicitors by sally

‘The Association of Personal Injury Lawyers (APIL) has issued judicial review (JR) proceedings challenging aspects of the new rules to extend fixed recoverable costs.’

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Legal Futures, 24th August 2023

Source: www.legalfutures.co.uk

The Consumer Rights Act 2015 A New Front in Solicitor-Client Assessments? – Hailsham Chambers

Posted August 23rd, 2023 in chambers articles, consumer protection, costs, EC law, fees, news, solicitors by sally

‘Surprisingly, the latest development in solicitor-client costs disputes has not come from the domestic courts, but from the European Court of Justice (ECJ). It has the potential to open up a new line of attack in Solicitors Act detailed assessments if the courts decide to apply it.’

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Hailsham Chambers, 3rd July 2023

Source: www.hailshamchambers.com

Judge criticises approach of firm acting on hundreds of mesh claims – Legal Futures

Posted August 18th, 2023 in compensation, costs, law firms, medical treatment, news, personal injuries by sally

‘A law firm acting for hundreds of women who claim to have been harmed by vaginal mesh implant surgery has had its costs slashed by an unimpressed judge.’

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Legal Futures, 18th August 2023

Source: www.legalfutures.co.uk

Relief for claimant firms as appeal judges block costs challenge – Law Society’s Gazette

Posted August 11th, 2023 in appeals, compensation, costs, fees, law firms, news, solicitors by sally

‘A landmark Court of Appeal costs ruling in favour of claimant solicitors cannot be challenged in the Supreme Court, appeal judges have ruled.’

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Law Society’s Gazette, 10th August 2023

Source: www.lawgazette.co.uk

Developer wins partial award of costs following council’s “unreasonable behaviour” – Local Government Lawyer

Posted August 10th, 2023 in appeals, costs, local government, news, planning by sally

‘Property developer Berkeley Homes has won an appeal to demolish old offices in Sevenoaks and construct a new flatted development for 69 residential units.’

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Local Government Lawyer, 10th August 2023

Source: www.localgovernmentlawyer.co.uk