‘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.’
The Guardian, 21st August 2015
Source: www.guardian.co.uk
‘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
‘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.’
Litigation Futures, 4th August 2015
Source: www.litigationfutures.com
‘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.’
The Lawyer, 4th August 2015
Source: www.thelawyer.com
‘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
‘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
‘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.’
Panopticon, 24th July 2015
Source: www.panopticonblog.com
‘The Supreme Court has handed down its Judgment in Coventry v Lawrence in which it considered the compatibility of the system for the recovery of success fees and ATE premiums under the Access to Justice Act 1999 with the European Convention on Human Rights, Articles 6 and Article 1 Protocol 1. The Court held by a majority of 5-2 (Lord Neuberger, Lord Dyson, Lord Sumption, Lord Mance and Lord Carnwarth in the majority and Lord Clarke and Lady Hale dissenting) that the system is compatible. Success fees and ATE premiums entered into under the AJA 1999 scheme will therefore remain to be recoverable by successful claimants. Whether the decision will be challenged before the ECtHR in Strasbourg and, if so,whether the European Court will take the same view as the Supreme Court remains to be seen.’
Henderson Chambers, 24th July 2015
Source: www.hendersonchambers.co.uk
‘A speedway track operator must pay the legal expenses of the couple who successfully sued it for noise-related nuisance after the UK’s highest court ruled that the old fee recovery regime did not breach its right to a fair trial.’
OUT-LAW.com, 24th July 2015
Source: www.out-law.com
‘Payday lender Cash Genie faces a £20m compensation bill after charging customers £50 to transfer them to the firm’s debt collection business.’
BBC News, 27th July 2015
Source: www.bbc.co.uk
‘Government plans for a new round of court fee rises are “tantamount to selling justice like a commodity”, the Law Society has said, as the Ministry of Justice acknowledged its plans would be unpopular.’
Law Society’s Gazette, 27th July 2015
Source: www.lawgazette.co.uk
‘This sets out the government response to the consultation on enhanced fees for possession claims and general applications in civil proceedings, and we are also seeking responses to further proposals for consultation.’
Ministry of Justice, 22nd July 2015
Source: www.consult.justice.gov.uk
‘The pre-April 2013 Conditional Fee Agreement system, under which claimants could recover uplifts on their costs and their insurance premiums from defendants, has survived – just. It received a sustained challenge from defendants to the effect that such a system was in breach of their Article 6 rights to a fair trial.’
UK Human Rights Blog, 22nd July 2015
Source: www.ukhumanrightsblog.com
‘The cost of getting divorced is to rise by about a third after the government announced increased court fees.’
BBC News, 22nd July 2015
Source: www.bbc.co.uk
‘The High Court was wrong to strike out a claim over unpaid fees brought by a firm of solicitors on the basis of alleged exaggeration and inaccurate sums, without hearing any witnesses, the Court of Appeal has ruled.’
Litigation Futures, 9th July 2015
Source: www.litigationfutures.com
‘Lawyers who are boycotting legal aid work in protest against cuts say their action is causing “chaos” in some courts and police custody suites.’
BBC News, 8th July 2015
Source: www.bbc.co.uk
‘A number of criminal law firms have refused to take work funded by legal aid in protest against government cuts.’
BBC News, 1st July 2015
Source: www.bbc.co.uk
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