Budana v The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980 – Hailsham Chambers

Posted December 8th, 2017 in assignment, costs, fees, news, solicitors by sally

‘In a much anticipated decision, the Court of Appeal has held that a pre-LASPO CFA can be transferred from one firm of solicitors to another – even post – LASPO – without losing the right to recover success fees from the defendant. The decision depended highly on policy considerations. It will be welcomed by solicitors who in a wide variety of circumstances have been party to such transfers.’

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Hailsham Chambers, 7th December 2017

Source: www.hailshamschambers.com

Forcing law firms to publish prices could make consumers focus just on cost, Law Society warns – Legal Futures

Posted December 7th, 2017 in consumer protection, fees, law firms, news, publishing by sally

‘Forcing law firms to publish prices could “bias” clients in favour of choosing their solicitor on price rather than quality or consumer protection, the Law Society has warned.’

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Legal Futures, 7th December 2017

Source: www.legalfutures.co.uk

To Me …To You… – Assign of Things To Come – Budana and CFA Assignment in the Court of Appeal – Zenith PI Blog

Posted December 7th, 2017 in appeals, fees, law firms, news by sally

‘The Court of Appeal has handed down its long-awaited judgment in the case of Alina Budana (Appellant) v Leeds Teaching Hospitals NHS Trust (Respondent) & Law Society (Intervener) [2017] EWCA Civ 1980.’

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Zenith PI Blog, 7th December 2017

Source: zenithpi.wordpress.com

Council defeats High Court challenge over care home fees increase – Local Government Lawyer

Posted December 7th, 2017 in appeals, care homes, fees, local government, news by sally

‘Essex County Council has successfully defended a judicial review challenge to the fees it proposed paying to operators of care homes.’

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Local Government Lawyer, 7th December 2017

Source: www.localgovernmentlawyer.co.uk

Pre-LASPO CFA was validly transferred to new firm, Court of Appeal rules – Litigation Futures

Posted December 6th, 2017 in agreements, appeals, assignment, contracts, fees, law firms, news by sally

‘The transfer of a conditional fee agreement (CFA) from one law firm to another around the time of the Jackson reforms was valid and the success fee can still be recovered from the defendant, the Court of Appeal has ruled.’

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Litigation Futures, 5th December 2017

Source: www.litigationfutures.com

Market dynamics in the counterfactual: more competitive, not just cheaper – Competition Bulletin from Blackstone Chambers

Posted December 6th, 2017 in competition, consumer credit, damages, fees, news by sally

‘The judgment of Phillips J in Sainsbury’s v Visa [2017] EWHC 3047 (Comm) demonstrates the importance to claimants in competition damages cases of identifying a counterfactual which not only involves lower prices but also involves higher levels of competition.’

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Competition Bulletin from Blackstone Chambers, 5th December 2017

Source: competitionbulletin.com

Care homes are breaking the law by charging residents after death, says watchdog – Daily Telegraph

Posted December 1st, 2017 in care homes, fees, news by tracey

‘Care homes are breaking the law by charging wealthier residents fees after they have died, a regulator has said. People who pay for their own care are also being charged £12,000 year more each than the fees paid by councils, equivalent to a total shortfall of £1bn a year, the Competition and Markets Authority said.’

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Daily Telegraph, 30th November 2017

Source: www.telegraph.co.uk

Law Society to challenge government over fee cuts – Law Society’s Gazette

Posted November 29th, 2017 in criminal justice, fees, Law Society, legal aid, news, solicitors by sally

‘The Law Society is taking High Court action against the government’s latest criminal legal aid reforms over concerns that the ‘fragile’ sector will not be able to withstand further cuts.’

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Law Society's Gazette, 28th November 2017

Source: www.lawgazette.co.uk

Applications open for employment tribunal fee refunds as scheme rolls out – Ministry of Justice

Posted November 16th, 2017 in employment tribunals, fees, press releases, repayment by tracey

‘All those eligible for employment tribunal fee refunds can apply from today, following a successful opening phase of the scheme.”

Full press release

Ministry of Justice, 15th November 2017

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

Police cannot charge for football match-day policing on public land – UK Police Law Blog

Posted November 14th, 2017 in appeals, commons, fees, news, police by tracey

‘Can the police charge a football club for match day policing on public land immediately outside a stadium, where that land is largely under the control of the club? No, the Court of Appeal re-affirmed in Ipswich Town Football Club v Chief Constable of Suffolk [2017] EWCA Civ 1484.’

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UK Police Law Blog, 13th November 2017

Source: ukpolicelawblog.com

The FA v Cellino – Behind the headlines – Sports Law Bulletin from Blackstone Chambers

‘Almost a year since the case was heard before an FA Regulatory Commission, the final decision in the case of The FA v Massimo Cellino has been published.’

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Sports Law Bulletin from Blackstone Chambers, 6th November 2017

Source: www.sportslawbulletin.org

Tom Hickman: Public Law’s Disgrace: Part 2 – UK Constitutional Law Association

Posted October 26th, 2017 in costs, employment tribunals, fees, judicial review, news by sally

‘The issue of access to justice, and specifically the cost of litigation as a bar to accessing justice, is rightly becoming a major constitutional issue in the UK.’

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UK Constitutional Law Association, 26th October 2017

Source: ukconstitutionallaw.org

High Court demands further cuts in law firm’s £1.6m costs bill – Litigation Futures

Posted October 25th, 2017 in costs, fees, judges, law firms, news, solicitors by michael

‘Slade J said that while an estimate was not the same as a quote, Master Rowley had “exceeded the broad measure of his discretion” in considering a reasonable upper limit on profit costs to be twice as high as the second estimate.’

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Litigation Futures, 25th October 2017

Source: www.litigationfutures.com

Justice in jeopardy: government defies backlash to confirm ‘reckless’ legal aid cuts – Law Society Gazette

‘The government is to press ahead with reform of legal aid fees paid to solicitors in criminal cases – despite 97% of submissions to a consultation vehemently opposing the plans. Representative bodies have this afternoon condemned the decision as ‘reckless’, claiming it places justice in jeopardy.’

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Law Society Gazette, 24th October 2017

Source: www.lawgazette.co.uk

Council wins appeal over residential care payments and revenue streams – Local Government Lawyer

Posted October 24th, 2017 in appeals, care homes, elderly, fees, local government, news by sally

‘The Court of Appeal has allowed a council’s appeal over whether it could lawfully take into account three revenue streams – private fees, top up payments and NHS payments – when making an evaluative judgement of what it would expect to pay for residential care for the elderly.’

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Local Government Lawyer, 23rd October 2017

Source: www.localgovernmentlawyer.co.uk

Ministry of Justice begins process of refunding £33m in employment tribunal fees – Litigation Futures

Posted October 23rd, 2017 in employment tribunals, fees, Ministry of Justice, news, repayment by sally

‘The government expects to refund £33m to employment tribunal claimants after the Supreme Court ruled tribunal fees unlawful.’

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Litigation Futures, 20th October 2017

Source: www.litigationfutures.com

Government floats referral fee ban and acting for both sides in bid to improve home-buying process – Legal Futures

Posted October 23rd, 2017 in consultations, conveyancing, estate agents, fees, news, sale of land, solicitors by sally

‘A ban on estate agents charging solicitors referral fees along with loosening the restriction on conveyancers acting for both seller and buyer were suggested by the government yesterday as possible reforms to improve the home-buying process.’

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Legal Futures, 23rd October 2017

Source: www.legalfutures.co.uk

When must a client be saved from himself? It is all a question of money says the Court of Appeal – Hardwicke Chambers

Posted October 20th, 2017 in fees, negligence, news, personal injuries, solicitors by sally

‘Do solicitors’ duties depend on how much they are paid? Are clients entitled to expect the same level of service from solicitors when they are strapped for cash? In Thomas v HJFS, the Court of Appeal has suggested that the standard of professional duties could be lowered when they are provided at a discount.’

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Hardwicke Chambers, 17th October 2017

Source: www.hardwicke.co.uk

Employment tribunals missing targets and haemorrhaging judges – Law Society’s Gazette

Posted October 20th, 2017 in employment tribunals, fees, judiciary, news, repayment by sally

‘Employment tribunals are failing to hit basic targets and judges are departing without being replaced, users have revealed. Minutes of the National User Group Meeting on employment tribunals report that tribunals are falling short of targets for completing and disposing of claims.’

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Law Society's Gazette, 19th October 2017

Source: www.lawgazette.co.uk

Purplebricks ‘surprised’ at new ASA ruling for misleading advert – Daily Telegraph

Posted October 19th, 2017 in advertising, complaints, estate agents, fees, misrepresentation, news by tracey

‘Online estate agent Purplebricks has said it is “surprised” the Advertising Standards Authority upheld a complaint against it for misleading viewers over its fee structure.’

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Daily Telegraph, 18th October 2017

Source: www.telegraph.co.uk