Conditional fee agreements can apply retrospectively, Court of Appeal rules – Law Society’s Gazette

Posted March 18th, 2025 in appeals, costs, fees, indemnities, law firms, news, solicitors by tracey

‘The Court of Appeal has ruled that a law firm’s conditional fee agreement had retrospective effect, even if that was not specifically set out in the contract.’

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Law Society's Gazette, 17th March 2025

Source: www.lawgazette.co.uk

Criminal bar in crisis: one in three intend to quit – Law Society’s Gazette

Posted March 18th, 2025 in barristers, criminal justice, Crown Court, delay, fees, news, statistics by tracey

‘The government faces a “catastrophic loss’”of lawyers to help bring down the Crown court backlog after a national survey found that one in three criminal barristers intends to quit.’

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Law Society's Gazette, 17th March 2025

Source: www.lawgazette.co.uk

High Court reinstates negligence claim against top family law firm – Legal Futures

‘A former client of a leading family law firm should be allowed to sue over its alleged failure to advise about its own negligence, the High Court has ruled.’

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Legal Futures, 6th March 2025

Source: www.legalfutures.co.uk

In depth: Eight-year Mastercard saga rumbles on – Law Society’s Gazette

Posted March 5th, 2025 in competition, consumer credit, fees, news by tracey

‘The Competition Appeal Tribunal has approved a £200m settlement in the massive Merricks v Mastercard collective action. But new battles loom over card processing fees and the funder’s return.’

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Law Society's Gazette, 4th March 2025

Source: www.lawgazette.co.uk

The Worst Secret Santa? Reflections on Hirachand v Hirachand and Anor [2024] UKSC 43 – St Philips Barristers

‘On 18 December 2024, the Supreme Court delivered its much-anticipated decision in Hirachand, holding that Conditional Fee Agreement (“CFA”) success fees cannot be recovered as part of an applicant’s financial needs under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”). Although the decision has now provided much-needed certainty in this area, to say it has had a mixed reception amongst Chancery practitioners would be an understatement. This note will provide an overview of the decision and its background as well as some reflections on its implications for future litigants.’

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St Philips Barristers, 30th January 2025

Source: st-philips.com

Barristers win 25% increase in rates for government work – Legal Futures

Posted February 24th, 2025 in barristers, fees, government departments, news, remuneration by tracey

‘Barristers doing government work will see a 25% increase in rates from 1 April, in some cases the first rise since the panels were first introduced in 1997.’

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Legal Futures, 24th February 2025

Source: www.legalfutures.co.uk

Tribunal approves landmark £200m Mastercard settlement – Legal Futures

Posted February 24th, 2025 in arbitration, compensation, competition, consumer credit, fees, news, ombudsmen, tribunals by tracey

‘The Competition Appeal Tribunal (CAT) last week approved the £200m settlement of former solicitor Walter Merricks with Mastercard, in a case once valued at £14bn.’

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Legal Futures, 24th February 2025

Source: www.legalfutures.co.uk

High Court judge rejects legal challenge by council over Ombudsman report in nursery fees case – Local Government Lawyer

‘The High Court has dismissed a council’s application for judicial review against the Local Government and Social Care Ombudsman (LGO) over a report that upheld a complaint of maladministration against the local authority in a nursery school fees case.’

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Local Government Lawyer, 12th February 2025

Source: www.localgovernmentlawyer.co.uk

Setting care home fees – Local Government Lawyer

‘The High Court has quashed a decision by a city council to set an annual increase to care home fees below-inflation. Philip Rule KC looks at the lessons from the judgment.’

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Local Government Lawyer, 7th February 2025

Source: www.localgovernmentlawyer.co.uk

Menzies v Oakwood: requirement for specific agreement to transform retention of client monies into the payment of solicitors’ bills – Gatehouse Chambers

Posted January 24th, 2025 in appeals, fees, news, solicitors, Supreme Court, time limits by sally

‘In Menzies v Oakwood Solicitors [2024] UKSC 34, the Supreme Court considered the meaning of payment for the purposes of section 70(4) of the Solicitors Act 1974 (SA 1974).’

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Gatehouse Chambers, 20th December 2024

Source: gatehouselaw.co.uk

Switaj -v- McClenaghan [2024] EWCA Civ 1457 – Gatehouse Chambers

Posted January 10th, 2025 in appeals, chambers articles, fees, housing, landlord & tenant, news, repossession by sally

‘The Court of Appeal recently considered whether or not fees which were paid by a tenant before the enactment of the Tenant Fees Act 2019 (“TFA”) could preclude a landlord from recovering possession under s.21 of the Housing Act 1988.’

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Gatehouse Chambers, 6th December 2024

Source: gatehouselaw.co.uk

Lawyers refusing to represent people charged with certain crimes amid pay crisis – The Guardian

‘Lawyers are refusing to represent people charged with certain crimes amid a crisis over solicitors’ pay, with one burglary suspect turned away by 12 legal firms, the Law Society president has said.’

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The Guardian, 16th December 2024

Source: www.theguardian.com

Pitch fee increases and exceptionally high RPI/CPI: The Mobile Homes Act 1983 – Local Government Lawyer

Posted December 5th, 2024 in fees, housing, local government, news by tracey

‘Is an exceptional level of RPI good reason to depart from an increase in pitch fees at that level? Joe Warren examines a recent Upper Tribunal ruling.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Fees before the Tenant Fees Act, after the Tenant Fees Act. – Nearly Legal

Posted December 2nd, 2024 in fees, landlord & tenant, news, statutory interpretation by tracey

‘Martyna Switaj v Adrian McClenaghan (2024) EWCA Civ 1457. The Court of Appeal on the status of a fee related to a tenancy taken before the Tenant Fees Act 2019 came into force on 1 June 2019 and the impact on the validity of a section 21 notice.’

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Nearly Legal, 1st December 2024

Source: nearlylegal.co.uk

Government “at risk of breaching duty” to provide access to justice – Legal Futures

Posted December 2nd, 2024 in civil justice, fees, legal aid, legal profession, Ministry of Justice, news by tracey

‘The Ministry of Justice is at risk of not meeting its statutory duty for civil legal aid to deliver access to justice, according to research it commissioned.’

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Legal Futures, 2nd December 2024

Source: www.legalfutures.co.uk

Legal aid fees to rise by 10% for immigration and housing after lawyer action – The Guardian

‘Ministers are to announce a 10% increase in legal aid fees for immigration and housing work after action by lawyers who warned that the failure to increase rates has led to a paralysis in the system.’

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The Guardian, 29th November 2024

Source: www.theguardian.com

Judge blasts City firm’s “disgraceful” and “improper” conduct – Legal Futures

Posted November 25th, 2024 in costs, fees, fraud, insolvency, law firms, misrepresentation, negligence, news, solicitors, winding up by tracey

‘A judge has condemned the London arm of a US law firm for sending a “disgraceful” letter to a competitor of one of its clients.’

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Legal Futures, 25th November 2024

Source: www.legalfutures.co.uk

Tribunal halves law firm’s fees on HS2 house sale – Legal Futures

Posted November 19th, 2024 in compulsory purchase, fees, law firms, legal advice, news, railways by tracey

‘A tribunal has more than halved the fees charged by a leading law firm for advice on the forced sale of a property affected by HS2.’

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Legal Futures, 19th November 2024

Source: www.legalfutures.co.uk

Independent report supports call for immediate uplift in criminal legal aid fees – The Bar Council

Posted November 18th, 2024 in barristers, criminal justice, fees, legal aid, Ministry of Justice, news by tracey

‘The Bar Council is repeating calls on the Ministry of Justice for an immediate 15% uplift in criminal legal aid fees for barristers, following the publication of the first Criminal Legal Aid Advisory Board (CLAAB) report.’

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The Bar Council, 14th November 2024

Source: www.barcouncil.org.uk

Daily Mail publisher wins ECHR case against ‘success fees’ paid to lawyers – The Guardian

Posted November 13th, 2024 in damages, fees, freedom of expression, human rights, media, news, privacy, solicitors by sally

‘The publisher of the Daily Mail has won a court battle after arguing that its human rights were breached by a requirement for it to pay “success fees” to lawyers representing people it had paid damages to.’

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The Guardian, 12th November 2024

Source: www.theguardian.com