Judicial review controls unveiled – BBC News
“Ministers are to unveil controls aimed at tackling judicial reviews in English courts that hold up building projects and delay immigration decisions.”
BBC News, 23rd April 2013
Source: www.bbc.co.uk
Category: fees
Lesley Kemp faces libel suit over Twitter comments – BBC News
“A woman who complained about an unpaid £146 invoice is facing a libel battle that could cost her more than £100,000.”
BBC News, 19th April 2013
Source: www.bbc.co.uk
Simplified court fee waivers to save taxpayers £7m – Ministry of Justice
“A consultation published today sets out proposals for fee remissions (waivers) for courts and tribunals which are better targeted, fairer for the taxpayer and easy for users to understand.”
Ministry of Justice, 18th April 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Fee remissions for the courts and tribunals – Ministry of Justice
“This consultation paper sets our proposals for reform of the fee remissions system, which ensures that access to justice is maintained for those individuals on lower incomes who would otherwise have difficultly paying a fee to use court or tribunal services.”
Ministry of Justice, 18th April 2013
Source: www.justice.gov.uk
Flatman v Germany(Law Society intervening); Weddall v Barchester Health Care Ltd (Same intervening) – WLR Daily
“The funding of a client’s disbursements by a solicitor did not, without more, justify the making of an adverse costs order against that solicitor.”
WLR Daily, 10th April 2013
Source: www.iclr.co.uk
Law firms cannot be held liable for disbursement costs, rules CoA – The Lawyer
“Firms cannot automatically be held liable for costs when they have funded a claimant’s disbursements in a failed claim, the Court of Appeal has ruled.”
The Lawyer, 11th April 2013
Source: www.thelawyer.com
Damages-based agreements – Are you at risk of being sued? – Hardwicke Chambers
“Damages-Based Agreements (‘DBAs’) became lawful on 1 April 2013 thanks to the Jackson reforms and more particularly the Damages-Based Agreements Regulations 2013. A DBA is a contingency fee arrangement whereby the lawyers can take a percentage of the damages (up to a maximum of 25% in personal injury cases, 35% in employment cases and 50% in most other cases).”
Hardwicke Chambers, 2nd April 2013
Source: www.hardwicke.co.uk
April Fool’s – The Barristers’ Hub
“The 1st of April 2013 marks the implementation of a swathe of changes to the Civil Procedure Rules as part of the implementation of the ‘Jackson Report’ into civil procedure and funding. The aim of the report, in the words of Jackson, L. J. himself, is ‘to promote access to justice at proportionate cost’.”
The Barristers’ Hub, 5th April 2013
Source: www.barristershub.co.uk
New £1,300 charge for High Court challenges against Government decisions – Daily Telegraph
“People will have to pay up to £1,300 to bring High Court challenges against Government decisions in a crackdown on spurious legal challenges, under new plans.”
Daily Telegraph, 8th April 2013
Source: www.telegraph.co.uk
Excessive credit card surcharges outlawed – The Guardian
“A ban that comes into force on Saturday will ensure that payment surcharges reflect the actual cost of processing the payment.”
The Guardian, 6th April 2013
Source: www.guardian.co.uk
HS2 ruling: time to scale back on judicial reviews? – The Guardian
“It looks like it’s all systems go for HS2. The recent ruling on the high-speed rail from London to Birmingham and Manchester to Leeds gave the green light to the project. The government won nine out of the 10 points being challenged by various local authorities and action groups. It fell down on one area and has taken it on the chin agreeing to re-run its compensation consultation process.”
The Guardian, 3rd April 2013
Source: www.guardian.co.uk
And so it begins – Litigation Futures
“So here we are at last, nearly five years since the then Master of the Rolls, Lord Clarke, announced his intention to launch what turned out to be the Jackson review (a story I broke, if I can be allowed the immodesty of mentioning it). It has certainly had its ups and downs since then, the biggest up undoubtedly being the 2010 election result, without which Sir Rupert’s report may well still be lying in the long grass.”
Litigation Futures, 2nd April 2013
Source: www.litigationfutures.com
Foreign lawsuits may face higher UK legal fees – The Guardian
“Higher fees may be introduced for foreign businessmen and Russian oligarchs who pursue their multimillion-pound disputes in British courts, under a review announced on Tuesday.”
The Guardian, 26th March 2013
Source: www.guardian.co.uk
Jackson reforms: trials and tribulation – Law Society’s Gazette
“One could be forgiven for thinking the campaign to halt or defer the main planks of the civil justice reforms devised by Sir Rupert Jackson is still in full swing. To be fair to the refusniks, the impression that all was not settled has been given in part by the last-minute approach the Ministry of Justice has taken to issuing details on implementation. If the government and the senior judiciary had yet to say what was to come on, respectively, damages-based agreements and big-ticket costs budgeting, perhaps they were still open to persuasion?”
Law Society’s Gazette, 25th March 2013
Source: www.lawgazette.co.uk
Damages-Based Agreements: potential or potential pitfall? – 11 Stone Buildings
“As part of the Jackson Reforms the much talked about Damages-Based Agreements Regulations 2013 come into force on 1st April 2013. Damages Based agreements (‘DBAs’) open up the prospect of fees becoming entirely divorced from the actual hours worked on a case. This can lead to much higher fees than those which will arise using the hour-based method, even on a CFA with a 100% uplift. However, there are some potentially serious implications to consider. Don McCue takes a closer look at the potential impact of using DBAs, how they compare to Conditional Fee Agreements (‘CFAs’) in different litigation scenarios, and how DBAs relate to the Solicitors Regulation Authority (‘SRA’) Code of Conduct.”
Full story (PDF)
11 Stone Buildings, March 2013
Source: www.11sb.com
Trouble for personal injury law firms means trouble for claimants – The Guardian
“While there is little public sympathy for solicitors the truth is that people will soon find it harder to claim compensation.”
The Guardian, 21st March 2013
Source: www.guardian.co.uk
Law commissions urge tougher action on hidden charges – BBC News
“Consumers need more protection against hidden charges often tucked away in the
small print, according to two bodies responsible for promoting law reform.”
BBC News, 19th March 2013
Source: www.bbc.co.uk
Streamlined employment tribunal system will “weed out weak claims” says Government – OUT-LAW.com
“The Government has set out plans to ‘streamline’ the employment tribunal system, which will include a new power to ‘strike out’ claims with little chance of success before they proceed to a full hearing.”
OUT-LAW.com, 18th March 2013
Source: www.out-law.com
