Plans to restrict use of conditional fee agreements in insolvency cases dropped ‘for the time being’ – OUT-LAW.com

Posted March 5th, 2015 in delay, fees, insolvency, insurance, news, personal injuries by tracey

‘Successful parties to insolvency cases will not be prevented from recovering conditional fee agreement (CFA) “success” fees and legal insurance premiums from their opponents from April, after the UK government extended a temporary exemption from the general ban “for the time being”.’

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OUT-LAW.com, 4th March 2015

Source: www.out-law.com

EAT denies claimants court fees recovery because union paid them – Litigation Futures

‘A group of employees who successfully appealed a tribunal ruling over the interpretation of their contracts cannot recover court fees because their union paid them, the Employment Appeal Tribunal (EAT) has decided.’

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Litigation Futures, 4th March 2015

Source: www.litigationfutures.com

Court fee increase imminent as levy clears parliament – Law Society’s Gazette

Posted March 5th, 2015 in courts, fees, news, parliament, regulations by tracey

‘Court fees will increase from next week after the House of Lords last night rubber-stamped the planned levy. A 5% charge will be added to all civil claims valued at more than £10,000, with fees capped at £10,000. According to the statutory instrument, the order comes into force on the following Monday after it is made.’

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Law Society’s Gazette, 5th March 2015

Source: www.lawgazette.co.uk

Court fee hike set for next week – Law Society’s Gazette

Posted March 3rd, 2015 in courts, fees, news, parliament, regulations by sally

‘Controversial rises in court fees will come into force next Monday barring a parliamentary upset, the Gazette can reveal.’

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Law Society’s Gazette, 2nd March 2015

Source: www.lawgazette.co.uk

Licence fee: What is the BBC charge – and how will the changes affect you? – The Independent

Posted March 3rd, 2015 in BBC, fees, licensing, news by sally

‘The introduction of a universal flat-rate fee to replace the licence fee is expected to be backed by BBC Director General Lord Hall later today.’

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The Independent, 2nd March 2015

Source: www.independent.co.uk

Council gets High Court breach of contract claim from care provider struck out – Local Government Lawyer

Posted February 25th, 2015 in care homes, contracts, costs, fees, local government, news, residential care by sally

‘Cornwall Council has successfully applied to have a breach of contract claim brought by a care provider struck out just as a trial listed for five days was about to start.’

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Local Government Lawyer, 24th February 2015

Source: www.localgovernmentlawyer.co.uk

High Court finds inspector was entitled to reject council’s claim for section 106 administration fee – OUT-LAW.com

Posted February 10th, 2015 in appeals, fees, local government, news, planning by sally

‘The High Court has dismissed a council’s challenge to a planning inspector’s decision not to allow it to impose a standardised fee for administering and monitoring planning obligations under a section 106 agreement.’

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OUT-LAW.com, 9th February 2015

Source: www.out-law.com

Conditional Fee Agreements – Zenith PI Blog

Posted February 6th, 2015 in contracts, fees, insurance, news, solicitors by sally

‘On 27th January 2015, the Court of Appeal handed down judgment in the case of Cox v Woodlands Manor Care Home Ltd (unreported – approved judgment is awaited) bringing home the importance of CFAs being compliant with the Cancellation of Contracts etc. Regulations 2008 and dealing with the situation where there might be legal expenses insurance cover in the background and how this might affect any CFA entered into.’

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Zenith PI Blog, 5th February 2015

Source: www.zenithpi.wordpress.com

BBC licence fee: decriminalisation of non-payment pushed back until 2017 – The Guardian

Posted February 6th, 2015 in BBC, bills, fees, licensing, news by sally

‘The government has been defeated in the House of Lords after peers voted for an amendment backed by former BBC chairman Lord Grade preventing decriminalisation of non-payment of the licence fee before 2017.’

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The Guardian, 5th February 2015

Source: www.guardian.co.uk

Costs and care homes – Law Society’s Gazette

‘Public authority decisions are, of course, open to judicial review. However, such decisions are fundamentally the domain of the relevant decision-maker and not the court. The court’s sole function (in appropriate cases) is to review the substantive and procedural lawfulness of the decision in question but not its intrinsic merits.’

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Law Society’s Gazette, 2nd February 2015

Source: www.lawgazette.co.uk

Judicial College to train foreign judges – for a fee – Litigation Futures

‘The Judicial College, which trains UK judges, has said that it intends to “introduce a charging scheme for the delivery of international training”.’

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Litigation Futures, 3rd February 2015

Source: www.litigationfutures.com

Court of Appeal: conditional fee agreement with consumer unenforceable if notice of right to cancel not given – OUT-LAW.com

Posted February 3rd, 2015 in appeals, consumer protection, contracts, fees, news by tracey

‘A conditional fee agreement (CFA) that was signed at a client’s home, rather than at the lawyer’s office, was unenforceable because the client had not been given notice of her right to cancel, the Court of Appeal has ruled.’

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OUT-LAW.com, 3rd February 2015

Source: www.outlaw.com

Court of Appeal: Solicitors cannot recover costs if CFAs failed to comply with cancellation regulations – Litigation Futures

Posted February 2nd, 2015 in appeals, care homes, contracts, costs, fees, news, notification, personal injuries, solicitors by sally

‘Appeal judges have ruled that solicitors cannot recover their costs where conditional fee agreements (CFAs) fail to comply with the cancellation of contracts regulations, with a potential impact on a significant number of cases.’

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Litigation Futures, 2nd February 2015

Source: www.litigationfutures.com

Lord Chief Justice calls for independent review of legal market – Legal Futures

Posted January 29th, 2015 in competition, fees, judges, legal services, news, reports by sally

‘There needs to be an independent review of the operation of the legal market to investigate whether the Legal Services Act 2007 is working and why fees have not fallen in the light of greater competition, the Lord Chief Justice said today [27 January].’

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Legal Futures, 27th January 2015

Source: www.legalfutures.co.uk

Solicitor’s retainer not frustrated because client loses capacity, appeal judges rule – Litigation Futures

Posted January 28th, 2015 in agency, appeals, fees, mental health, news, solicitors by tracey

‘A solicitor’s retainer is not rendered “impossible of performance” simply because a claimant loses mental capacity and cannot give instructions personally, the Court of Appeal ruled today.’

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Litigation Futures, 27th January 2015

Source: www.litigationfutures.com

Broni v Ministry of Defence; Woof v Ministry of Defence; Barbour v Ministry of Defence – WLR Daily

Posted January 27th, 2015 in armed forces, civil procedure rules, costs, employment, fees, law reports by sally

Broni v Ministry of Defence; Woof v Ministry of Defence; Barbour v Ministry of Defence [2015] EWHC 66 (QB); [2015] WLR (D) 24

‘The words “contract of service” in section 2(1) of the Employers’ Liability (Compulsory Insurance) Act 1969 Act were not to be given a construction broader than their usual meaning. It followed that the claimants, as members of the armed forces, were not “employees” for the purposes of section 2(1) the 1969 Act and the fixed success fee regime for employer’s liability claims, as set out in Section IV of CPR Pt 45 (pre 1 April 2013), did not apply to their claims against the defendant ministry.’

WLR Daily, 20th January 2015

Source: www.iclr.co.uk

Profession unites in opposition to “disastrous” court fee rises – Litigation Futures

Posted January 27th, 2015 in consultations, courts, fees, Law Society, news by sally

‘The Law Society has pledged to challenge the government’s decision to introduce enhanced court fees from April and said it will strenuously oppose more planned hikes.’

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Litigation Futures, 27th January 2015

Source: www.litigationfutures.com

Barristers, costs and the influence of money on lawyers – Legal Week

Posted January 23rd, 2015 in barristers, costs, fees, news by sally

‘Lord Grabiner’s cross-examination yesterday (21 January) by the Treasury Select Committee investigating the Bank of England’s role in the forex scandal provides an interesting opportunity to reflect on barristers, costs and the influence of money on lawyers.’

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Legal Week, 22nd January 2015

Source: www.legalweek.com

Proposals for further reforms to court fees – Ministry of Justice

Posted January 20th, 2015 in civil justice, consultations, courts, fees, news, repossession by sally

‘In Part 1 of the Government response to the consultation ‘Court fees: proposals for reform’, we set out our decision to consider alternatives to the proposed fee increase for divorce.’

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Ministry of Justice, 16th January 2015

Source: https://consult.justice.gov.uk

Cost of PI claims dropping fast, actuaries confirm – Litigation Futures

Posted January 20th, 2015 in costs, fees, news, personal injuries by sally

‘Legal fees for personal injury cases worth up to £100,000 fell by 65% in 2013, with an overall reduction of 14% in the cost of third-party injury claims, the Institute and Faculty of Actuaries has reported.’

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Litigation Futures, 19th January 2015

Source: www.litigationfutures.com