‘Points of dispute (PoDs) in detailed assessments must help the parties and court “determine precisely what is in dispute and why”, the Court of Appeal has ruled.’
Litigation Futures, 20th February 2020
Source: www.litigationfutures.com
‘A former head of private client accused of overcharging an estate by up to £30,000 when acting as executor has been cleared of misconduct by the Solicitors Disciplinary Tribunal (SDT).’
Legal Futures, 12th February 2020
Source: www.legalfutures.co.uk
‘The High Court has struck out a claim by a litigant-in-person (LiP) who responded to the failure of her employment tribunal case by launching an “indiscriminate attack” against legal expenses insurers and regulators.’
Litigation Futures, 30th January 2020
Source: www.litigationfutures.com
‘Are all conditional fee agreements also contentious business agreements? And, if so, how might that effect a client’s right to an assessment of the costs charged by her solicitor under the Solicitors Act 1974?’
Ropewalk Chambers, 23rd January 2020
Source: www.ropewalk.co.uk
‘There are “strong public policy grounds” for allowing fee-exempt claimants to claim their court fees from defendants rather than the taxpayer, a judge has ruled.’
Litigation Futures, 28th January 2020
Source: www.litigationfutures.com
‘The NHS in England faces paying out £4.3bn in legal fees to settle outstanding claims of clinical negligence, the BBC has learned through a Freedom of Information request.’
BBC News, 21st January 2020
Source: www.bbc.co.uk
‘A businesswoman who wrongly believed she would win a substantial divorce settlement from her wealthy husband is suing a top law firm after taking out a crippling loan to pay their fees.’
Daily Telegraph, 18th January 2020
Source: www.telegraph.co.uk
‘A Ministry of Justice consultation on proposed changes to the Housing Possession Court Duty Scheme (HPCDS) fails to address the fundamental issues of sustainability, the Law Society has claimed.’
Local Government Lawyer, 7th January 2020
Source: www.localgovernmentlawyer.co.uk
‘In a landmark judgment the high court has found that the Home Office’s £1,012 child citizenship fee is unlawful. The fee has been described as “shameless profiteering” by Amnesty International.’
The Guardian, 19th December 2019
Source: www.theguardian.com
‘A solicitor who had an oral agreement with the son-in-law of a client that he would cover the legal fees did not fall foul of the 1677 Statute of Frauds, the Court of Appeal has ruled.’
Litigation Futures, 16th December 2019
Source: www.litigationfutures.com
‘Ofwat, the water regulator, has ordered water companies in England and Wales to cut bills for customers by £50 over five years and spend £51bn on improving services and investment in infrastructure.’
The Guardian, 16th December 2019
Source: www.theguardian.com
‘The Court of Appeal has dismissed a council’s appeal over whether it acted unlawfully when it resolved to fix the fees for vehicle licences for taxis and private hire vehicles at an amount which included recovery of all or part of the cost of supervising the conduct of drivers licensed to drive such vehicles.’
Local Government Lawyer, 11th December 2019
Source: www.localgovernmentlawyer.co.uk
‘McKenzie Friends are giving “biased and misleading” advice to vulnerable family litigants, an academic study of online posts has found.’
Legal Futures, 11th December 2019
Source: www.legalfutures.co.uk
‘Striking out a £120,000 claim for late payment of court fees was disproportionate and the claimant was entitled to relief from sanctions, the High Court has ruled.’
Litigation Futures, 10th December 2019
Source: www.litigationfutures.com
‘The Supreme Court is to review a controversial ruling that a law firm handling uncontested flight delay claims was not conducting litigation and so did not have an equitable lien over the compensation.’
Litigation Futures, 5th December 2019
Source: www.litigationfutures.com
‘A conditional fee agreement (CFA) can be a contentious business agreement (CBA) under the Solicitors Act 1974, the High Court has ruled.’
Litigation Futures, 26th November 2019
Source: www.litigationfutures.com
‘This note is essential reading for mortgage providers, brokers and any practitioners with a practice or interest in civil fraud as the case constitutes perhaps the most detailed review of the law on secret commissions to date. In particular, it addresses the distinction between full secret commissions and so-called half-secret commissions where there is a partial disclosure. It clarifies the law in the area and solidifies the basis for a broker being held liable where a commission is only partially disclosed.’
Forum Chambers, 12th November 2019
Source: www.forumchambers.com
‘The dispute centred around a mortgage broker receiving both a fee from the borrower and a commission from the lender. Mrs Wood obtained two mortgages and a further advance secured over her two farms from Commercial First Business Limited (“CF”), a provider of unregulated secured loans to commercial borrowers. CF only accepted applications via brokers. UK Mortgage and Financial Services Limited (“UKMFS”) acted as broker for Mrs Wood on all three transactions, receiving commissions of £30,600, £57,092.80 and £5,234.22 respectively. CF entered into securitisation agreements assigning the loans to various assignees prior to entering CVL.’
New Square Chambers, 5th November 2019
Source: www.newsquarechambers.co.uk
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