Success Fee Recoverability in 1975 Act Claims: Re H [2020] EWHC 1134 (Fam) – Pallant Chambers

‘The general rule in civil litigation is that costs “follow the event”. In an article I wrote for the special issue of Civil Justice Quarterly on Civil Litigation Costs, Vol. 32 pages 109-312 Issue 2 2013, I discussed the negative impact that this rule can have on access to justice: not only is the losing party hit with two bills rather than one, but the losing party has no direct control over the costs incurred by the successful party.’

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Pallant Chambers, 26th June 2020

Source: www.pallantchambers.co.uk

New Judgment: The Advocate General representing the Commissioners of HMRC v KE Entertainments Ltd (Scotland) [2020] UKSC 28 – UKSC Blog

Posted June 25th, 2020 in fees, gambling, news, Scotland, Supreme Court, time limits, VAT by sally

‘The Appellant (“the taxpayer”) operates bingo clubs. Customers pay a fee, which entitles them to play in a number of bingo games (collectively, a “session”). The present dispute arises from a change in guidance given by HMRC about how participation fees should be calculated. Until 2007, the guidance stated that bingo promoters should calculate the participation fees separately for each game. In February 2007, HMRC issued Business Brief 07/07, which stated that participation fees should be calculated on a session by session basis.’

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UKSC Blog, 24th June 2020

Source: ukscblog.com

Claimant loses all costs after assessment misconduct – Litigation Futures

Posted June 22nd, 2020 in civil procedure rules, costs, fees, law firms, news, sanctions, solicitors by sally

‘A claimant has lost all of his remaining entitlement to costs because of misconduct during the assessment process.’

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Litigation Futures, 19th June 2020

Source: www.litigationfutures.com

Firm’s £13k legal bill ‘requires explanation’, rules costs judge – Law Society’s Gazette

Posted June 18th, 2020 in accounts, costs, fees, news, solicitors by sally

‘A senior costs judge has ruled that a client should be allowed a closer analysis of 14 invoices issued by her solicitors over the course of a year.’

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Law Society's Gazette, 16th June 2020

Source: www.lawgazette.co.uk

90% of law firms “breaching transparency rules” – Legal Futures

‘The news comes with the regulator planning to step up its checks.’

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Legal Futures, 15th June 2020

Source: www.legalfutures.co.uk

Success fees in 1975 Act claims: SH v NH [2020] EWHC 1134 – New Square Chambers

Posted June 10th, 2020 in chambers articles, costs, families, fees, news, solicitors, wills by sally

‘The Family Division has determined that a claimant’s success fee should be awarded to her as part of her award under the Inheritance (Provision for Family and Dependants) Act 1975.’

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New Square Chambers, June 2020

Source: www.newsquarechambers.co.uk

QC’s £1.5m brief fee for nine months’ work “reasonable” – Litigation Futures

Posted June 9th, 2020 in barristers, costs, fees, news, queen's counsel by sally

‘The Senior Costs Judge has approved a £1.5m brief fee for a leading QC who worked on a “titanic” commercial dispute almost exclusively for nine months.’

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Litigation Futures, 8th June 2020

Source: www.litigationfutures.com

Supreme Court hears argument on whether £14 billion consumer competition class action should proceed against Mastercard – Exchange Chambers

Posted June 4th, 2020 in class actions, competition, consumer protection, fees, news, Supreme Court by sally

‘The Supreme Court last week heard Mastercard’s appeal seeking to prevent a proposed class action on behalf of 46 million consumers valued at £14 billion from proceeding against it. The case is interesting not merely from the perspective of whether the “juggernaut” of a claim should proceed against Mastercard but also because of its impact on other competition law class actions waiting in the wings and its influence more generally on how the fledgling competition law class action regime will develop in the UK.’

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Exchange Chambers, 22nd May 2020

Source: www.exchangechambers.co.uk

School fees in times of Covid: Tips for schools and parents – Monckton Chambers

Posted May 29th, 2020 in contracts, coronavirus, education, fees, news, school children by sally

‘The lockdown has posed inordinate challenges for education – with schools and universities adjusting to remote learning on extremely short notice. For private schools and universities, there have been tough choices between furloughing staff, deciding which lessons and courses to continue and justifying the level of fees, when many parents are in financial difficulty themselves. Boarding schools and universities have additional problems as they have a high level of sunk costs in infrastructure for overseas students that, at present, are not allowed to travel.’

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Monckton Chambers, 19th May 2020

Source: www.monckton.com

Rule committee urged to review disbursements in fixed-cost cases – Litigation Futures

‘The Supreme Court has called on the Civil Procedure Rules Committee to review the issue of whether disbursements should be payable separately in fixed-cost personal injury cases.’

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Litigation Futures, 21st May 2020

Source: www.litigationfutures.com

Court rules bar set too high for NHS surcharge and visa fee waivers – The Guardian

‘A court ruling has given hope to thousands of migrants, including health and care workers, that they will no longer have to pay visa and NHS surcharge fees if they cannot afford them.’

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The Guardian, 21st May 2020

Source: www.theguardian.com

CFA Uplifts in Inheritance Act Claims: recent developments – St John’s Buildings

Posted May 19th, 2020 in costs, fees, news, probate by sally

‘Conditional fee agreements have been a facet of contentious probate and estates litigation for many years and are, in many cases, the only realistic way for disappointed beneficiaries to fund litigation. This is particularly true of claims under the Inheritance (Provision for Family and Dependants) Act 1975.’

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St John's Buildings, May 2020

Source: stjohnsbuildings.com

Judge explains himself in writing after phone hearing fails – Legal Futures

‘A High Court judge has been forced to issue a detailed judgment in writing because his voice was “breaking up” at the end of a telephone hearing with a litigant in person (LiP) and the law firm suing her for fees.’

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Legal Futures, 13th May 2020

Source: www.legalfutures.co.uk

Bar Council and BSB cut costs as Scots slash fees for solicitors – Legal Futures

Posted April 30th, 2020 in barristers, budgets, coronavirus, fees, news, solicitors by sally

‘The Bar Council and Bar Standards Board have announced a series of measures – including furloughing – to make savings of more than £200,000 to aid the profession during the Covid-19 crisis.’

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Legal Futures, 30th April 2020

Source: www.legalfutures.co.uk

Fee-earners told they can’t claim for photocopying and visiting clients – Law Society’s Gazette

Posted April 21st, 2020 in costs, fees, news, solicitors by sally

‘Two fee-earners are not needed for attending a witness or client – and you cannot charge for solicitors travelling to clients.’

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Law Society's Gazette, 20th April 2020

Source: www.lawgazette.co.uk

MR backs review of guideline hourly rates – Litigation Futures

Posted April 17th, 2020 in civil justice, costs, fees, news, solicitors by sally

‘The Civil Justice Council (CJC) has been tasked with reviewing the guideline hourly rates (GHR), it has emerged, with costs specialists urging it to revert to the old system of setting them locally.’

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Litigation Futures, 17th April 2020

Source: www.litigationfutures.com

Court overturns £39k order against solicitor for unpaid medical fees – Law Society’s Gazette

Posted April 15th, 2020 in appeals, damages, expert witnesses, fees, news, solicitors by sally

‘A law firm owner has successfully challenged a court order to pay a personal injury diagnosis provider around £39,000 for unpaid fees.’

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Law Society's Gazette, 14th April 2020

Source: www.lawgazette.co.uk

“Release QC money” to support Bar during Covid-19 – Legal Futures

‘The Public Access Bar Association (PABA) has urged the Bar Council to call in its share of the surplus held by QC Appointments (QCA) to support barristers struggling during the coronavirus pandemic.’

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Legal Futures, 14th April 2020

Source: www.legalfutures.co.uk

Law firm defeats broker’s claim for £100k introducer fee – Legal Futures

Posted April 14th, 2020 in fees, financial dispute resolution, law firms, loans, news by sally

‘A Liverpool law firm has defeated the claim of a finance broker who sought a £100,000 fee for introducing it to a new loan provider.’

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Legal Futures, 14th April 2020

Source: www.legalfutures.co.uk

Day v Womble Bond Dickinson (UK) LLP [2020] EWCA Civ 447: Would your 12 year old understand when to stop?- Hailsham Chambers

Posted April 3rd, 2020 in appeals, chambers articles, fees, illegality, law firms, negligence, news by sally

‘By this notable decision the Court of Appeal has offered a useful illustration of the strict limits to the scope for claims by previously convicted claimants against their former lawyers,
alleging negligence in respect of the defence of the earlier criminal proceedings.’

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Hailsham Chambers, 30th March 2020

Source: www.hailshamchambers.com