Category: costs

DLA Piper UK LLP v BDO LLP – WLR Daily

Posted January 14th, 2014 in costs, criminal procedure, law reports, third parties, witnesses by tracey

DLA Piper UK LLP v BDO LLP [2013] EWHC 3970 (Admin); [2013] WLR (D) 515

‘Where a person had attended court and successfully resisted being made subject to a witness summons under section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 the only basis for the Crown Court ordering costs against the solicitor of the party seeking the summons would be that for which statute provided, namely, a wasted costs order under section 19A of the Prosecution of Offences Act 1985.’

WLR Daily, 13th January 2014

Source: www.iclr.co.uk

High Court warns successful parties not to expect interest on pre-judgment costs – Litigation Futures

Posted January 7th, 2014 in costs, interest, news by sally

‘The High Court has given a strong steer that successful parties can rarely expect to recover interest on the fees they have already paid to their solicitors.’

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Litigation Futures, 7th January 2014

Source: www.litigationfutures.com

Lawyers forced to pay out £1m in no win, no fee disputes – The Guardian

Posted January 6th, 2014 in compensation, complaints, costs, fees, legal aid, legal ombudsman, news, solicitors by sally

‘Lawyers were ordered to pay almost £1m in compensation to disappointed clients last year owing to failures in no win, no fee agreements, according to figures released by the legal ombudsman.’

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The Guardian, 6th January 2014

Source: www.guardian.co.uk

Court of Appeal cites Mitchell to refuse relief – Law Society’s Gazette

Posted December 19th, 2013 in appeals, case management, costs, news, police, time limits, witnesses by tracey

‘The Court of Appeal has cited the landmark Mitchell costs case for the first time to reject a defendant’s plea for relief from sanctions.’

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Law Society’s Gazette, 18th December 2013

Source: www.lawgazette.co.uk

Young v Young: can “eye-watering” divorce costs be justified? – Halsbury’s Law Exchange

Posted December 16th, 2013 in barristers, costs, divorce, fees, financial dispute resolution, judiciary, news, professional conduct, proportionality, solicitors by sally

‘A 7 year divorce case culminating in a 20 day final hearing with £6.5m spent on one side’s legal costs alone. In the aftermath of Young v Young, what should be done by the judiciary and practitioners to make fees in family proceedings proportionate?’

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Halsbury’s Law Exchange, 16th December 2013

Source: www.halsburyslawexchange.co.uk

Mitchell ruling “not an enhanced tactical weapon” for non-defaulting parties – Litigation Futures

Posted December 16th, 2013 in appeals, costs, default judgments, jurisdiction, news, time limits by sally

‘The new emphasis on courts considering a “wide range of interests” beyond just those of the parties before them when deciding applications for relief from sanctions is not “an enhanced tactical weapon” for non-defaulting parties, the High Court warned last week.’

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Litigation Futures, 16th December 2013

Source: www.litigationfutures.com

Court of Appeal issues key NPPF ruling in cases where no local plan yet – Local Government Lawyer

Posted December 16th, 2013 in appeals, costs, environmental protection, housing, local government, news, planning by sally

‘The Court of Appeal has clarified the operation of a key part of the National Planning Policy Framework in situations where a local authority has yet to produce a local plan.’

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Local Government Lawyer, 13th December 2013

Source: www.localgovernmentlawyer.co.uk

LSB says ‘yes’ to revamped costs lawyer qualification, but ‘no’ to trainee regulation – Litigation Futures

Posted December 12th, 2013 in costs, legal education, Legal Services Board, news, solicitors, trainee solicitors by sally

‘The Legal Services Board (LSB) has approved a significant revamp of the costs lawyer qualification.’

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Litigation Futures, 12th December 2013

Source: www.litigationfutures.com

The Supreme Court on “prohibitively expensive” costs: Aarhus again – UK Human Rights Blog

Posted December 11th, 2013 in appeals, construction industry, costs, EC law, environmental protection, legal aid, news, Supreme Court by sally

‘This is the last gasp in the saga on whether Mrs Pallikaropoulos should bear £25,000 of the costs of her unsuccessful 2008 appeal to the House of Lords. And the answer, after intervening trips to the Supreme Court in 2010 and to the CJEU in 2013, is a finding by the Supreme Court that she should bear those costs.’

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UK Human Rights Blog, 11th December 2013

Source: www.ukhumanrightsblog.com

R (on the application of Edwards and another (Appellant) v Environment Agency and others (Respondents) – Supreme Court

Posted December 11th, 2013 in appeals, construction industry, consultations, costs, EC law, environmental protection, legal aid, news, Supreme Court by sally

R (on the application of Edwards and another (Appellant) v Environment Agency and others (Respondents) [2013] UKSC 78 | UKSC 2012/0030 (YouTube)

Supreme Court, 11th December 2013

Source: www.youtube.com/user/UKSupremeCourt

This month’s costs cases summaries: appeals, unjust enrichment and Mitchell – Litigation Futures

Posted December 10th, 2013 in appeals, budgets, case management, civil procedure rules, costs, litigants in person, news by tracey

‘Our monthly summary of key costs-related court decisions.’

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Litigation Futures, 9th December 2013

Source: www.litigationfutures.com

Finance and Divorce Update – Family Law Week

Posted December 9th, 2013 in consultations, costs, disclosure, dispute resolution, divorce, financial dispute resolution, financial provision, indemnities, news by sally

‘Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in November.’

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Family Law Week, 6th December 2013

Source: www.familylawweek.co.uk

Government backtracks on mesothelioma reforms but moves to end recoverability – Litigation Futures

Posted December 6th, 2013 in asbestos, bills, consultations, costs, industrial injuries, insurance, news, pre-action conduct by tracey

‘The government has responded to widespread pressure and scrapped plans to impose an insurance industry-devised mesothelioma pre-action protocol (PAP) and the fixed recoverable costs regime (FRC) that underpinned it.’

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Litigtaiton Futures, 5th December 2013

Source: www.litigationfutures.com

Rayner v Legal Services Commission – WLR Daily

Posted December 6th, 2013 in costs, law reports, legal aid, regulations by tracey

Rayner v Legal Services Commission: [2013] WLR (D)  467

‘On a proper reading of the words “attributable to” in paragraph 5(4) of the Community Legal Service (Cost Protection) Regulations 2000 the non-funded party could recover costs outside the funded period, provided that the causal link was established.’

WLR Daily, 2nd December 2013

Source: www.iclr.co.uk

Industrial disease victims central to changes – Ministry of Justice

Posted December 5th, 2013 in asbestos, consultations, costs, industrial injuries, insurance, news, victims by sally

‘Sufferers of a deadly industrial disease are central to new plans to improve the way they claim compensation, Courts Minister Shailesh Vara announced today.’

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Ministry of Justice, 4th December 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Court fees: proposals for reform – Ministry of Justice

Posted December 4th, 2013 in budgets, consultations, costs, courts, fees, Ministry of Justice, news by sally

‘The courts play a vital role in our democracy. They provide access to justice for those who need it, help to maintain social order and support the proper functioning of the economy.’

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Ministry of Justice, 3rd December 2013

Source: http://consult.justice.gov.uk

Court fees set to soar for commercial litigation – Litigation Futures

Posted December 4th, 2013 in bills, consultations, costs, courts, fees, Ministry of Justice, news by sally

‘Court fees for litigants in commercial money claims could rise from under £3,000 to more than £21,000 under plans by the Ministry of Justice (MoJ) for a percentage-based fee system.’

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Litigation Futures, 4th December 2013

Source: www.litigationfutures.com

Chambers in scrap with MoJ over reduced rates for Very High Cost Cases – The Lawyer

Posted December 4th, 2013 in barristers, costs, fees, legal aid, Ministry of Justice, news, solicitors by sally

‘A number of high profile criminal sets have clashed with the Ministry of Justice (MoJ) due to its circulation of a list of practitioners who might undertake Very High Cost Cases, which are now subject to reduced rates.’

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The Lawyer, 3rd December 2013

Source: www.thelawyer.com

David Partington’s unique take on the Mitchell decision – Sovereign Chambers

Posted December 3rd, 2013 in appeals, budgets, civil procedure rules, costs, news by sally

‘The ramifications of “Plebgate” rumble on, not merely in the corridors of Whitehall and “the Met.” Much more seriously (some would say) it has now impinged into the arena of the “Jackson Reforms” and sanctions for relief against failure to abide by the Civil Procedure Rules in general. Andrew Mitchell MP v News Group Newspapers Limited (citation above) took place in the context of costs budgeting and the failure to provide the necessary budget in time, but it is also an important case with wider implications concerning the approach of the court to failures to comply with orders or directions of the Court or procedures of the CPR post “Jackson”. Many practitioners will be alarmed by the result.’

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Sovereign Chambers, 28th November 2013

Source: www.sovereignchambers.co.uk

The Court of Appeal’s Clear Message on New Costs Regime – Littleton Chambers

Posted December 3rd, 2013 in appeals, budgets, costs, news, solicitors by sally

‘The Master of the Rolls has delivered a unanimous judgment limiting Andrew Mitchell MP’s legal costs in his defamation action against “The Sun” newspaper to his court fees only despite his budget being in excess of £500,000. This is the first time the Court of Appeal has considered sanctions under the new Jackson costs regime and is a sobering lesson for litigators.’

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Littleton Chambers, 27th November 2013

Source: www.littletonchambers.com