Category: costs

Mousa – a costly costs quirk – UK Human Rights Blog

Posted October 4th, 2013 in costs, legal aid, news by sally

“In the substantive judgment (see Adam Wagner’s post on the order), the Divisional Court decided two main issues, one relating to the independence of the Iraq Historic Allegations Team, and one relating to the extent to which an inquiry conducted through IHAT complied with Article 2 of the ECHR. The Secretary of State succeeded on the first issue, whereas the claimant succeeded substantially on the second issue relating to the need for a different form of inquiry. Hence there was no overall winner; the Secretary of State won on the first issue and the claimant succeeded substantially on the second issue. But more time was spent on the first issue.”

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UK Human Rights Blog, 3rd October 2013

Source: www.ukhumanrightsblog.com

High Court judge expressly declines to approve “disproportionate” costs budgets – Litigation Futures

Posted October 4th, 2013 in budgets, construction industry, costs, negligence, news, proportionality by sally

“A High Court judge has expressly declined to approve the costs budget of both sides of a construction dispute on the grounds that they were ‘disproportionate and unreasonable’.”

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Litigation Futures, 4th October 2013

Source: www.litigationfutures.com

Legal blow for widow of poisoned spy Alexander Litvinenko who risks bankruptcy by continuing her battle for a public inquiry – The Independent

Posted October 4th, 2013 in costs, families, inquiries, judicial review, news, poisoning, spying by sally

“Marina Litvinenko’s fight for answers over the suspicious death of her husband, Alexander, has suffered another defeat after judges refused to protect her from facing crippling costs if she loses her legal battle for a public inquiry.”

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The Independent, 3rd October 2013

Source: www.independent.co.uk

Master of the Rolls to preside over Plebgate appeal – The Lawyer

Posted October 3rd, 2013 in appeals, budgets, costs, judges, news by sally

“The Master of the Rolls Lord Dyson is expected to decide whether the former chief whip, Andrew Mitchell MP, can break a costs order restricting his legal spend on a defamation claim against The Sun to £2,000.”

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The Lawyer, 3rd October 2013

Source: www.thelawyer.com

Binns and another v Firstplus Financial Group plc – WLR Daily

Posted October 1st, 2013 in abuse of process, civil procedure rules, costs, dispute resolution, insurance, law reports, striking out by sally

Binns and another v Firstplus Financial Group plc [2013] EWHC 2436 (QB); [2013] WLR (D) 361

“Where a claimant had obtained an award pursuant to alternative dispute resolution (‘ADR’) and subsequently brought a civil claim where the only potential advantage in bringing that litigation was the possibility of an additional award in respect of legal costs, the claim was to be struck out under CPR r 3.4(2).”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

Prisoners will pay for damage repairs, says Grayling – BBC News

Posted October 1st, 2013 in costs, criminal damage, news, prisons by sally

“Inmates who cause damage to prisons and prison property will now have to pay for the cost of repairs, the justice secretary has announced.”

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BBC News, 30th September 2013

Source: www.bbc.co.uk

Prisoners made to pay for damage – Ministry of Justice

Posted October 1st, 2013 in costs, criminal damage, news, penalties, prisons by sally

“Prisoners who cause damage to prisons and prison property will have to pay for the cost of repairs under new plans announced by Justice Secretary Chris Grayling.”

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Ministry of Justice, 30th September 2013

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

Aarhus, the A-G, and why the rules on interim remedies need to change – UK Human Rights Blog

Posted September 30th, 2013 in attorney general, costs, cross-claims, damages, EC law, environmental protection, injunctions, judicial review, news by sally

“I did an initial post here summarising this opinion from the A-G to the CJEU saying that the UK was in breach of two EU Directives about environmental assessment and pollution control – the breaches concerned our system for litigation costs. It struck me that there was a lot in the opinion, and after some re-reads, I continue to think so. So I will deal in this post with one aspect, namely the finding that the UK is in breach, in requiring an undertaking as to damages by the claimant to back up the claimant’s interim injunction – in the jargon, a cross-undertaking.”

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UK Human Rights Blog, 27th September 2013

Source: www.ukhumanrightsblog.com

Use of anti-littering powers to tackle spitting survives magistrates test – Local Government Lawyer

Posted September 26th, 2013 in costs, fines, litter, local government, news by sally

“Magistrates last week upheld a London borough’s bid to tackle spitting in the street through powers normally used to enforce against litter.”

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Local Government Lawyer, 25th September 2013

Source: www.localgovernmentlawyer.co.uk

Lord Sugar loses Apprentice tribunal legal costs bid – BBC News

Posted September 26th, 2013 in costs, news, tribunals, unfair dismissal by sally

“Lord Sugar’s bid to recover costs from the winner of TV’s The Apprentice after she lost a constructive dismissal claim against him has failed.”

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BBC News, 25th September 2013

Source: www.bbc.co.uk

Breaking news for astrophysicists: Black holes can collapse – Hardwicke Chambers

Posted September 25th, 2013 in costs, debts, insolvency, landlord & tenant, news, pensions, Supreme Court by sally

“OK, so the title perhaps implies that what follows is more interesting than it is. However, the most recent decision of the Supreme Court in the Nortel/Lehman litigation is of considerable importance for all of us, particularly in the current economic climate.”

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Hardwicke Chambers, 23rd September 2013

Source: www.hardwicke.co.uk

It cost you how much? – NearlyLegal

Posted September 24th, 2013 in costs, fees, housing, news, tribunals, valuation by sally

“Law can be expensive.

This is particularly so in relation to the process of law, i.e. the costs of going to the law. By this I mean things such as the court or tribunal fees, but particularly the costs of the lawyers. If you lose in civil litigation, the normal rule is that you’ve got to pay not just for your own lawyers, but for the other side’s too. Due to the way that costs are assessed and recovered, even the winner often has to foot the bill for some their own lawyers’ fees. It is fair to say that the general public doesn’t think too highly of the fees charged by lawyers. Now, a lot of the criticism is unfair (‘If you think a professional is expensive, wait ’til you try an amateur’) and based on misinformation and misunderstanding. Nonetheless, there is force in some of the criticism.”

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NearlyLegal, 24th September 2013

Source: www.nearlylegal.co.uk

Barristers quit BSB prosecutors panel in QASA protest – Legal Futures

Posted September 24th, 2013 in barristers, costs, news, quality assurance by sally

“A number of barristers have resigned from the Bar Standards Board’s prosecutor panel in protest at the imminent launch of the Quality Assurance Scheme for Advocates (QASA).”

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Legal Futures, 24th September 2013

Source: www.legalfutures.co.uk

Judiciary launches review of unimplemented Jackson recommendations – Litigation Futures

Posted September 23rd, 2013 in budgets, costs, delay, judiciary, news by sally

“The judiciary is undertaking a review of those recommendations made by Lord Justice Jackson that have not yet been implemented, it has emerged.”

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Litigation Futures, 23rd September 2013

Source: www.litigation.com

How to avoid getting into serious trouble! – New Law Journal

Posted September 20th, 2013 in budgets, case management, civil procedure rules, costs, news by sally

“HH Simon Brown QC continues his exclusive NLJ online series on costs management post-Jackson.”

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New Law Journal, 19th September 2013

Source: www.newlawjournal.co.uk

Defamation victims of “modest means” to be protected from court costs under Government proposals – OUT-LAW.com

Posted September 20th, 2013 in consultations, costs, defamation, news by sally

“Those of ‘modest means’ could be able to bring defamation and privacy claims without having to worry about covering the other side’s court costs if they lose under proposals put forward by the Ministry of Justice (MoJ).”

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OUT-LAW.com, 19th September 2013

Source: www.out-law.com

High Court: third party funder entitled to terminate funding agreement and return of money held in escrow – OUT-LAW.com

Posted September 20th, 2013 in costs, news, third parties by sally

“A third party litigation funder was entitled to terminate a funding agreement when it reasonably believed that there was a less than 60% chance that the underlying court action would succeed, the High Court has ruled.”

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OUT-LAW.com, 20th September 2013

Source: www.out-law.com

Costs protection reform – privacy and defamation cases – RPC Privacy Law

Posted September 20th, 2013 in consultations, costs, defamation, news, privacy by sally

“The government has unveiled its latest attempt to resolve the tension between its plans to abolish success fees in CFAs and ATE premiums (to reduce costs in privacy and defamation cases) while still making proceedings accessible to less wealthy parties.”

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RPC Privacy Law, 19th September 2013

Source: www.rpc.co.uk

Jackson in action; failure to comply with procedural obligations will be dealt with harshly – Sovereign Chambers

Posted September 19th, 2013 in civil procedure rules, costs, news, sanctions by sally

“At the District Judges’ Annual Seminar on 22 March 2013, Lord Dyson said “indulgence can no longer be given where the parties fail to comply with their procedural obligations. It has not taken long for the Court’s to demonstrate that they will get tough.”

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Sovereign Chambers, 6th September 2013

Source: www.sovereignchambers.co.uk

BSB presses ahead with QASA preparations despite judicial review – Legal Futures

Posted September 17th, 2013 in barristers, costs, judicial review, news, quality assurance by sally

“The Bar Standards Board (BSB) has pledged to continue with preparations for the Quality Assurance Scheme for Advocates (QASA) notwithstanding the judicial review against the scheme launched last week.”

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Legal Futures, 17th September 2013

Source: www.legalfutures.co.uk