“The Law Society has come out strongly against the introduction of fixed recoverable costs (FRCs) for mesothelioma claims and argued that while a dedicated pre-action protocol (PAP) could be a good idea, the one proposed by the Association of British Insurers and adopted by the government is not.”
Litigation Futures, 14th November 2013
Source: www.litigationfutures.com
“The Government’s proposed new costs protections framework for those making defamation and privacy claims would lead to a ‘mountain of satellite litigation’, an expert has warned.”
OUT-LAW.com, 13th November 2013
Source: www.out-law.com
“City solicitors have urged the Ministry of Justice (MoJ) to withdraw its consultation on costs protection in defamation and privacy claims because it does not deal with the central issue of how eligibility for protection will be assessed.”
Litigation Futures, 7th November 2013
Source: www.litigationfutures.com
“A sweet shop owner has been fined after he sold 30p Asda Smart Price chocolate bars as ‘Wonka’ bars worth £3.”
The Independent, 5th November 2013
Source: www.independent.co.uk
“Seven months into the Jackson reforms and litigators see rising costs and no greater access to justice as the main results so far, according to a new poll.”
Litigation Futures, 31st October 2013
Source: www.litigationfutures.com
“Two women have been sentenced for taking off their clothes in front of shocked passengers at Manchester airport.”
Daily Telegraph, 1st November 2013
Source: www.telegraph.co.uk
“Fresh from jail, the economist and author of Prisonomics explains why the system costs too much, locks up the wrong people and does not prevent reoffending.”
The Guardian, 29th October 2013
Source: www.guardian.co.uk
“Six Charlton Athletic supporters received prison sentences for causing racially aggravated fear of violence on train.”
The Guardian, 31st October 2013
Source: www.guardian.co.uk
“By the Civil Procedure (Amendment) Rules 2013 CPR r. 3.9 was substantially amended with effect from 1st April 2013. The ‘new’ rule reads as follows:
‘3.9 (1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need –
(a) for litigation to be conducted efficiently and at proportionate cost; and
(b) to enforce compliance with rules, practice directions and orders.
(2) An application for relief must be supported by evidence.'”
Full story (PDF)
Zenith Chambers, 25th October 2013
Source: www.zenithchambers.co.uk
“Since the case of Halsey v Milton Keynes General NHS Trust [2004] 1 WLR 3002, the manner in which the Court may encourage parties to settle their disputes by mediation has been largely settled. Thus, the court should not compel parties to mediatebut it may engage in robust encouragement. Importantly, a successful party may be deprived of some or all of its costs if it unreasonably refuses to mediate. The burden is on the unsuccessful party to demonstrate unreasonableness.”
Full story (PDF)
11 Stone Buildings, October 2013
Source: www.11sb.com
“It is now almost 6 months since the Brave New World of Jackson. This article considers the impact of the reforms and stated ‘culture change’.”
Full story (PDF)
Zenith Chambers, 25th October 2013
Source: www.zenithchambers.co.uk
“Dominic Regan serves up a survival guide.”
New Law Journal, 29th October 2013
Source: www.newlawjournal.co.uk
Keynote Address to The Motor Accidents Solicitors Society (PDF)
Speech by Mr. Justice Foskett
The Motor Accidents Solicitors Society, 25th October 2013
Source: www.judiciary.gov.uk
“Restorative justice offers many benefits but is it in danger of being mishandled, asks Tracey McMahon.”
Criminal Law and Justice Weekly, 26th October 2013
Source: www.criminallawandjustice.co.uk
“Costs that are disallowed for want of retainer should not form part of a costs judge’s calculations in applying the one-fifth rule, the High Court has said.”
Litigation Futures, 28th October 2013
Source: www.litigationfutures.com
PGF II SA v OMFS Co 1 Ltd [2013] EWCA Civ 1288 ; [2013] WLR (D) 405
“As a general rule, complete silence in the face of a serious invitation to consider alternative dispute resolution amounted to unreasonable conduct and the judge in his discretion could impose costs sanctions.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
“Technical evidence can sometimes be crucial to judicial decisions and this case shows how dramatic the consequences are for a family if evidence is unreliable. If the respondent in this case had not put probity before its commercial interests, a mother would have been deprived of the care of her child. Hence the importance of publishing the judgment.”
UK Human Rights Blog, 25th October 2013
Source: www.ukhumanrightsblog.com
“Lord McAlpine has settled his libel action with Alan Davies over a tweet relating to false child sex abuse allegations, with the comedian agreeing to pay £15,000 in damages and issuing a warning to users of the social media service.”
The Guardian, 24th October 2013
Source: www.guardian.co.uk
“The Plantagenet Alliance Ltd (R o.t.a) v. Secretary of State for Justice and others, Haddon-Cave J, 18 October 2013 (PCO), and on permission, 15 August 2013. I posted here on the original judgment giving the Plantagenet Alliance permission to seek judicial review of the Secretary of State’s decision to re-bury Richard III in Leicester. At the time, the judge had made a full Protective Costs Order in favour of the Alliance, so that it would not have to pay costs if it lost. The judge had also ordered what he envisaged to be a short hearing to determine in what sum the Alliance’s costs should be capped. if it won.”
UK Human Rights Blog, 23rd October 2013
Source: www.ukhumanrightsblog.com
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