‘The High Court has found a Newcastle law firm’s conduct an abuse of process after it repeatedly failed to pay the proper court fees when it issued claims.’
Legal Futures, 8th January 2016
Source: www.legalfutures.co.uk
‘A law firm was justified in charging a retrospective success fee as the claimant did not face different risks when he signed a conditional fee agreement (CFA) as when he had applied for legal aid five months earlier, the High Court has ruled.’
Litigation Futures, 7th January 2016
Source: www.litigationfutures.com
Lewis and others v Ward Hadaway (a firm) [2015] EWHC 3503 (Ch); [2015] WLR (D) 551
‘In determining whether a party had properly brought a claim before the court so as to stop the clock for limitation purposes, the requirement that the form be accompanied by the “appropriate fee” was not satisfied in circumstances where the act of payment of the fee was in itself an abuse of process. In such circumstances, the claim had not properly been brought and time continued to run for limitation purposes.’
WLR Daily, 21st December 2015
Source: www..iclr.co.uk
‘Since the government introduced fees for employment tribunals, together with legal aid cuts, disabled people have increasingly been unable to have their cases heard.’
The Guardian, 6th January 2016
Source: www.guardian.co.uk
‘The government has decided against doubling the maximum court fee cap to £20,000, but is to press ahead with its planned 10% increase in court fees across the range of civil proceedings.’
Litigation Futures, 17th December 2015
Source: www.litigationfutures.com
‘The Court of Appeal would not lightly interfere with a case management decision and would support robust and fair case management decisions by first instance judges to strike out, or to decline to strike out, claims under CPR r 3.4(2)(c). In a case in which the balance was a “fine” one, an appellate court should respect the balance struck by the first instance judge.’
WLR Daily, 8th December 2015
Source: www.iclr.co.uk
Gavin Edmondson Ltd v Haven Insurance Co Ltd [2015] EWCA Civ 1230; [2015] WLR (D) 496
‘A solicitors firm which had concluded conditional fee agreements with road traffic victims and had entered those details in accordance with the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents on the website used by lawyers and insurers in such circumstances was entitled, when the claimants settled their personal injury claims directly with the defendants’ insurers, to recover the fixed costs and other sums payable under the Protocol scheme.’
WLR Daily, 2nd December 2015
Source: www.iclr.co.uk
‘The Court of Appeal has made a major strike against the practice of third-party capture by ordering an insurance company that settled personal injury claims directly with the clients of a law firm to pay the solicitors the costs they would have earned.’
Litigation Futures, 3rd December 2015
Source: www.litigationfutures.com
‘The High Court has sent a strong signal to law firms ‘sub-contracting’ disclosure work to third parties.’
Law Society’s Gazette, 2nd December 2015
Source: www.lawgazette.co.uk
‘The City watchdog has begun its first official probe into rip-off charges on new flexible “bank account” pensions over fears they are depriving pensioners of hundreds of pounds a year.’
Daily Telegraph, 26th November 2015
Source: www.telegraph.co.uk
‘Court of Appeal ruling that solicitors may offer ‘unbundled’ services without being held liable for matters beyond those in their client retainer has been widely welcomed by the profession. ‘
Law Society’s Gazette, 23rd November 2015
Source: www.lawgazette.co.uk
‘The government has delayed launch of its consultation on introducing fixed recoverable costs in low-value clinical negligence claims.’
Litigation Futures, 19th November 2015
Source: www.litigationfutures.com
‘A probate manager who admitting making 140 “improper withdrawals” over a period of 11 years, resulting in a client account shortage of £730,000, has been banned from working for law firms.
Legal Futures, 17th November 2015
Source: www.legalfutures.co.uk
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