Whiplash reforms could cost claimant lawyers £80m, government says – Legal Futures

Posted March 22nd, 2018 in bills, compensation, fees, insurance, news, personal injuries by sally

‘The whiplash reforms could cost claimant lawyers £80m in lost fees a year, the Ministry of Justice (MoJ) said yesterday as it unveiled its final impact assessment (IA) of the changes contained in the Civil Liability Bill.’

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Legal Futures, 22nd March 2018

Source: www.legalfutures.co.uk

Big win for NHS Resolution in test cases on pre-LASPO funding switches – Litigation Futures

Posted March 19th, 2018 in appeals, fees, health, legal aid, news, solicitors by sally

‘The Court of Appeal has found for NHS Resolution (NHSR) in three test cases over the reasonableness of solicitors switching clients from legal aid to conditional fee agreements (CFAs) ahead of the introduction of LASPO.’

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Litigation Futures, 16th March 2018

Source: www.litigationfutures.com

Reminder that adjudicator’s appointment lapses if no decision – Practical Law: Construction Blog

Posted March 15th, 2018 in arbitration, construction industry, contracts, fees, news, remuneration by sally

‘Some judgments seem destined to be blogged about (at least by me) and Baldwin v J Pickstock Ltd is one such judgment. It’s all about the adjudicator’s decision (or lack of), whether there was an extension of time for reaching that decision and whether the adjudicator had properly resigned and should be paid for the work he did (even though he did not reach a decision). It’s not quite Cubitt Building & Interiors v Fleetglade, but it does demonstrate how adjudicators need to be alive to banana skin tactics, even those coming from the referring party!’

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Practical Law: Construction Blog, 13th March 2018

Source: constructionblog.practicallaw.com

Considerations for care homes on the charging of fees after death – Family Law

Posted March 8th, 2018 in care homes, competition, consultations, elderly, fees, news by sally

‘In the first of a regular Solicitors for the Elderly (SFE) column for Family Law Claire Davis, Director of SFE, considers the issue of care homes charging fees after death.’

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Family Law, 5th March 2018

Source: www.familylaw.co.uk

Advertising watchdog cracks down on ticket resale websites – The Guardian

Posted March 7th, 2018 in advertising, electronic commerce, fees, internet, news by sally

‘The Advertising Standards Authority has taken action against four large secondary ticketing sites over the misleading presentation of pricing information on their websites.’

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The Guardian, 7th March 2018

Source: www.theguardian.com

BSB agrees approach to improve transparency for clients of the Bar – Bar Standards Board

Posted February 26th, 2018 in advertising, barristers, consumer protection, fees, legal services, press releases by sally

‘The Bar Standards Board (BSB) has set out a revised approach to improve transparency standards for clients of the Bar. This responds to the recent Competition and Markets Authority (CMA) market study of legal services and takes full account of responses to a recent BSB consultation.’

Full press release

Bar Standards Board, 23rd February 2018

Source: www.barstandardsboard.org.uk

Bar Council responds to new AGFS announcement – The Bar Council

Posted February 26th, 2018 in barristers, fees, press releases by sally

‘Responding to today’s announcement of a new Advocates’ Graduated Fee Scheme (AGFS) the Chair of the Bar, Andrew Walker QC, said: “For years, our system of criminal justice has suffered from a remorseless succession of cuts in funding, and wholly inadequate investment. This has included huge cuts in the fixed fees payable to those defence barristers who carry out publicly-funded work in the Crown Court under the Advocates’ Graduated Fee Scheme (AGFS); cuts that, proportionately, have far exceeded those imposed on public service providers in any other sector. These are the very same barristers who are working tirelessly under an ever-increasing workload for those very same fees. Without their commitment, and their continued goodwill, the system would simply cease to function.” ‘

Full press release

The Bar Council, 23rd February 2018

Source: www.barcouncil.org.uk

BSB to proceed with ‘narrower’ transparency requirements – Law Society’s Gazette

Posted February 23rd, 2018 in advertising, barristers, fees, news by sally

‘The barristers’ regulator has reined in proposals to require barristers who specialise in contentious areas to publish their prices, opting instead to focus primarily on those undertaking public access work.’

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Law Society's Gazette, 23rd February 2018

Source: www.lawgazette.co.uk

Court of Appeal: broadly-worded settlement clause precluded later claim for negligence – OUT-LAW.com

Posted February 14th, 2018 in contracts, fees, interpretation, negligence, news, solicitors by michael

“A broadly-worded settlement clause between a London law firm which sued its former client for unpaid fees was sufficient to prevent a later claim for negligence, the Court of Appeal has confirmed.”

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OUT-LAW.com, 13th February 2018

Source: www.out-law.com

“Regretful” Court of Appeal rejects media firm’s bid to recover huge costs bill – Litigation Futures

Posted February 9th, 2018 in costs, fees, injunctions, legal services, news by sally

‘The Court of Appeal has upheld a decision that a leading media law firm could not recover hundreds of thousands of pounds in costs because its conditional fee agreement (CFA) did not cover much of the work it undertook.’

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Litigation Futures, 8th February 2018

Source: www.litigationfutures.com

CoA rules £70m negligence claim blocked by settlement agreement – Law Society’s Gazette

Posted February 9th, 2018 in contracts, fees, interpretation, negligence, news, solicitors by sally

‘The Court of Appeal has ruled that a firm cannot be sued for negligence after parties had signed a covenant as part of a settlement agreement.’

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Law Society's Gazette, 9th February 2018

Source: www.lawgazette.co.uk

Rebuke for law firm that paid £215,000 for referrals from unauthorised CMC – Legal Futures

Posted January 31st, 2018 in claims management, fees, law firms, news, personal injuries by sally

‘A north-west law firm has been rebuked after paying more than £200,000 to an unauthorised claims management company for personal injury (PI) referrals.’

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Legal Futures, 31st January 2018

Source: www.legalfutures.co.uk

‘Only solicitors can determine what is a bill’ – High Court throws out challenge – Law Society’s Gazette

Posted January 24th, 2018 in costs, documents, fees, news, solicitors by sally

‘The High Court has told a law firm’s former client that she was not entitled to treat a document included in a general file as a costs bill. The decision in the Sheffield District Registry of the High Court will be welcomed by firms seeking reassurance about the nature of costs bills and when they are to be considered as delivered.’

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Law Society's Gazette, 24th January 2018

Source: www.lawgazette.co.uk

Ministry of Justice pays out nearly £2m in first two months of employment tribunal fee refund scheme – Litigation Futures

Posted January 22nd, 2018 in employment tribunals, fees, news, repayment by sally

‘The government repaid £1.8m to employment tribunal claimants in the first two months of the scheme set up in the wake of the Supreme Court ruling tribunal fees unlawful, it has revealed.’

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Litigation Futures, 19th January 2018

Source: www.litigationfutures.com

“Not unreasonable” for solicitors to switch from DBA to CFA shortly before trial – Litigation Futures

Posted January 19th, 2018 in costs, damages, fees, news, solicitors by sally

‘Claimants did not act unreasonably in switching funding from a damages-based agreement (DBA) to a conditional fee agreement (CFA) shortly before trial, even though the defendants are now facing a much larger bill, a costs judge has ruled.’

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Litigation Futures, 18th January 2018

Source: www.litigationfutures.com

Bar Council lashes BSB over price publication plans – Legal Futures

Posted January 11th, 2018 in barristers, complaints, consultations, fees, news, publishing by sally

‘The Bar Council has strongly attacked plans by the Bar Standards Board (BSB) to force barristers to publish prices and internal complaints records.’

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Legal Futures, 11th January 2018

Source: www.legalfutures.co.uk

Divorce in the era of cryptocurrency: Bitcoin and non-disclosure – Family Law

Posted January 11th, 2018 in cryptocurrencies, disclosure, divorce, fees, internet, news by sally

‘Bitcoin is a form of digital currency developed in 2009. It is created and held electronically in a decentralized system meaning that no one and no government controls it. Bitcoins aren’t printed but are ‘mined’ by both people and businesses using software that solves complex mathematical problems. Prone to volatility, Bitcoin hit the news last month after it reached an all-time high then dropped in value by almost 20% in a time period of only 90 minutes. Despite its erratic nature, the interest and investment in Bitcoin is rapidly growing and with more people holding Bitcoin, it is likely to be a far more common asset in divorce proceedings. Further, the extra privacy given to Bitcoin holders, as opposed to those who hold money in a bank, has led to many discussions on whether it will be the case that non-disclosers in divorce proceedings will increasingly try to hide assets through Bitcoin.’

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Family Law, 11th January 2018

Source: www.familylaw.co.uk

Cost of divorce up 17% in three years amid soaring legal fees and housing costs – The Independent

Posted January 11th, 2018 in costs, divorce, fees, housing, news, reports by sally

‘Separating couples now typically spend £14,561 on lawyers and lifestyle costs, plus an additional £35,000 to rent or £144,600 to buy new property.’

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The Independent, 11th January 2018

Source: www.independent.co.uk

Professional negligence round up: what were the key areas of development in 2017 and what are the battlegrounds for the future? – 4 New Square

Posted January 9th, 2018 in fees, negligence, news, solicitors by sally

‘2017 was a particularly significant year for professional liability cases, with a handful of problematic areas of the law receiving repeated consideration by the courts. Below we set out our thoughts on how the law has changed or been reaffirmed in these areas, explain whether there have been any discernible shifts in policy and identify further points ripe for dispute and development in 2018.’

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4 New Square, 4th January 2018

Source: www.4newsquare.com

Put constitutional right of access to justice at heart of LASPO review, MPs say – Legal Futures

‘The government review of its legal aid reforms should reflect this summer’s Supreme Court ruling on access to justice as a constitutional right, the justice select committee said.’

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Legal Futures, 21st December 2017

Source: www.legalfutures.co.uk