Judge bemoans lack of success fee competition in PI – Litigation Futures

Posted September 22nd, 2015 in civil procedure rules, fees, judges, news, personal injuries by sally

‘The fact that competition over success fees has not developed, as Lord Justice Jackson hoped it would, is down to both consumer ignorance and solicitors’ reluctance to do it, according to the judge who last month cast doubt on the widespread personal injury charging model.’

Full story

Litigation Futures, 22nd September 2015

Source: www.litigationfutures.com

Court fee rise will give wealthy the upper hand, says Bar Council – The Bar Council

Posted September 18th, 2015 in civil justice, courts, fees, press releases, small businesses by tracey

‘SMEs will be disadvantaged in chasing late payments from big business customers.
Wealthy individuals and big business will have the upper hand in court proceedings if further increases in court fees get the go ahead under plans announced by the Ministry of Justice, the Bar Council has warned.’

Full press release

The Bar Council, 14th September

Source: www.barcouncil.org.uk

Tax tribunal charges would deter the poorest from getting justice, lawyers warn – The Independent

Posted September 18th, 2015 in appeals, fees, news, taxation, tribunals by tracey

‘Plans to impose court fees on anyone opposing the tax office at tribunal would deter the poorest from getting justice, leading lawyers say – amid a growing outcry against an array of Government-imposed court charges.’

Full story

The Independent, 17th September 2015

Source: www.independent.co.uk

Court fee hikes will tip justice balance towards rich – bar – Law Society’s Gazette

Posted September 16th, 2015 in barristers, civil justice, consultations, courts, equality, fees, Ministry of Justice, news by tracey

‘The Bar Council has warned that government plans to increase court fees for a second time would unbalance civil justice, giving rich people and big businesses an unfair advantage.’

Full story

Law Society’s Gazette, 14th September 2015

Source: www.lawgazette.co.uk

Regina (Unison) v Lord Chancellor, (Equality and Human Rights Commission intervening) (Nos 1 and 2) – WLR Daily

Regina (Unison) v Lord Chancellor, (Equality and Human Rights Commission intervening)(Nos 1 and 2)[2015] EWCA Civ 935; [2015] WLR (D) 370

‘The Employment Tribunal and the Employment Appeal Tribunal Fees Order 2013 whereby fees were payable by a claimant or appellant on the commencement of a claim or an appeal and also in advance of the final hearing unless they were entitled to a remission on account of limited means was lawful and not discriminatory.’

WLR Daily, 26th August 2015

Source: www.iclr.co.uk

Society: overhaul employment tribunals and scrap fees – Law Society’s Gazette

Posted September 8th, 2015 in employment tribunals, fees, Law Society, news by sally

‘Radical changes to the employment tribunal structure are needed to ensure unlawful workplace practices do not go unpunished, the Law Society has said.’

Full story

Law Society’s Gazette, 7th September 2015

Source: www.lawgazette.co.uk

Over 40% of medical negligence cases take two or more years to settle, research reveals – Litigation Futures

‘It takes two years or more for 42% of medical negligence cases to settle or for damages to be awarded by the courts, research by the Association of Personal Injury Lawyers (APIL) has revealed.’

Full story

Litigation Futures, 4th September 2015

Source: www.litigationfutures.com

Employment tribunal fees challenge dismissed by UK Court of Appeal – OUT-LAW.com

Posted September 2nd, 2015 in appeals, employment, employment tribunals, fees, news, trade unions by sally

‘UNISON’s case against the government’s introduction of employment tribunal fees could be heading for the UK’s highest court after the Court of Appeal rejected the union’s legal challenge to the policy.’

Full story

OUT-LAW.com, 28th August 2015

Source: www.out-law.com

New court charge sees judges cut compensation orders for victims – BBC News

Posted September 1st, 2015 in compensation, costs, courts, criminal courts charge, criminal procedure, fees, news by sally

‘Compensation payments to victims of crime are being affected by a new charge imposed on criminals.’

Full story

BBC News, 28th August 2015

Source: www.bbc.co.uk

Unison plans Supreme Court appeal after latest setback on employment tribunal fees – Local Government Lawyer

Posted August 28th, 2015 in appeals, employment tribunals, fees, news, Supreme Court, trade unions by sally

‘Unison has applied for permission to take its legal challenge to the Government’s introduction of employment tribunal fees to the Supreme Court, after the Court of Appeal this week rejected the union’s claims.’

Full story

Local Government Lawyer, 27th August 2015

Source: www.localgovernmentlawyer.co.uk

Finance & Divorce Update – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during July 2015.’

Full story

Family Law Week, 15th August 2015

Source: www.familylawweek.co.uk

Court fee ‘means crime victims miss payouts’ – The Independent

Posted August 24th, 2015 in compensation, costs, criminal courts charge, fees, news, victims by sally

‘Victims of crime are missing out on compensation because courts are forced to make criminals pay costs to the Government, campaigners have warned.’

Full story

The Independent, 23rd August 2015

Source: www.independent.co.uk

O’Brien v Shorrock and another – WLR Daily

O’Brien v Shorrock and another [2015] EWHC 1630 (QB); [2015] WLR (D) 366

The obligation under paragraph 19.4 of the CPR Practice Direction 44, since amended, was to inform the other party, by the notice of funding, of the date when a conditional fee agreement with retrospective effect was made rather than the earlier date when it came into effect.

WLR Daily, 12th June 2015

Source: www.iclr.co.uk

This judgment could shake up how personal injury solicitors operate – The Guardian

‘A claim brought on behalf of two children hurt in an accident has thrown doubt on the use of success fees, and on the unintended consequences of scrapping legal aid in such cases.’

Full story

The Guardian, 21st August 2015

Source: www.guardian.co.uk

Criminal court charges ‘trapping’ penniless suspects – Law Society’s Gazette

‘A charity today called for an urgent review of criminal courts charges after collating cases which it says prove the fees are ‘unrealistic and unfair’.’
Full story

Law Society’s Gazette, 5th August 2015

Source: www.lawgazette.co.uk

Claimant protected by QOCS despite earlier CFA, costs judge rules – Litigation Futures

Posted August 5th, 2015 in costs, fees, insurance, news, personal injuries by sally

‘A claimant is entitled to the protection of qualified one-way costs shifting (QOCS) even though she signed an earlier conditional fee agreement (CFA) for the same injury under the old rules, a regional costs judge has ruled.’

Full story

Litigation Futures, 4th August 2015

Source: www.litigationfutures.com

ULaw to students: get half your fees back if you’re not working in ‘legal or commerce’ after nine months – The Lawyer

Posted August 5th, 2015 in fees, legal education, news, repayment, universities by sally

‘The University of Law promised to reimburse Legal Practice Course (LPC) graduates with 50 per cent of their fees if they fail to find employment within the “legal and commerce fields” after nine months of graduating.’

Full story

The Lawyer, 4th August 2015

Source: www.thelawyer.com

Two-partner firm succeeds in striking out £8m professional negligence claim – Legal Futures

‘A two-partner central London law firm has succeeded in striking out a professional negligence claim for over £8m.’
Full story

Legal Futures, 3rd August 2015

Source: www.legalfutures.co.uk

Lawrence and others v Fen Tigers Ltd and others (No 3) (Secretary of State for Justice and others intervening) – WLR Daily

Posted July 30th, 2015 in appeals, costs, fees, insurance, law reports, Supreme Court by sally

Lawrence and others v Fen Tigers Ltd and others (No 3) (Secretary of State for Justice and others intervening) [2015] UKSC 50; [2015] WLR (D) 332

‘The costs regime in place between 1999 and 2013, which could require losing defendants to pay not only the claimants’ base costs but any success fee and after the event (“ATE”) insurance premium which they had paid as part of their conditional fee arrangement— even though the total costs were far in excess of the value of the claim— was not contrary to defendants’ rights to a fair trial and to the protection of their property under article 6 of, and article 1 of the First Protocol (“A1P1”) to, the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

Circle the Wagons: They are Coming for the Information Tribunal – Panopticon

Posted July 28th, 2015 in consultations, fees, freedom of information, news, tribunals by sally

‘We all fell for it, didn’t we? If the greatest trick the Devil ever pulled was convincing the world he didn’t exist, then Michael Gove’s may have been to convince everyone that he wasn’t interested in FOIA. His shunting responsibility for FOIA/EIR matters off to the Cabinet Office, and the Cabinet Office’s announcement of the Commission on Freedom of Information (generally staffed by people who publicly don’t much like it), last week has led to a lot of comment and reaction – mostly adverse – from social media, blogs and even the mainstream press.’

Full story

Panopticon, 24th July 2015

Source: www.panopticonblog.com