Bar Council Publishes Legal Aid Consultation Core Case – Family Law Bar Association

Posted May 14th, 2013 in barristers, consultations, fees, legal aid, news, tenders by sally

“The Bar Council has published a document summarising it’s core case in respect of the current consultation in respect of legal aid. Read that document here. The proposals include the introduction of Price Competitive Tendering in criminal work and further fee cuts to solicitors (10%) and experts (20%) in family cases.”

Full story

Family Law Bar Association, 8th May 2013

Source: www.flba.co.uk

Grayling: No more using judicial review as a cheap delaying tactic – Ministry of Justice

Posted May 8th, 2013 in fees, immigration, judicial review, news, time limits by sally

“The culture of using meritless judicial review applications to delay immigration decisions and hold up development will be attacked by new controls announced today [7 May] by Justice Secretary Chris Grayling.”

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Ministry of Justice, 7th May 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Success Fees and ATE Premiums in the Patents County Court: Henderson v All Around the World Recordings Ltd – NIPC Law

Posted May 7th, 2013 in civil procedure rules, costs, county courts, fees, insurance, news, patents by sally

“As I mentioned in “Intellectual Property Litigation – the Funding Options” 10 April 2013, it was possible until the 31 March 2013 for a litigant to enter an agreement with his or her solicitors and counsel known as a conditional fee agreement (‘CFA’) whereby the lawyers would look to the other side for payment not only of their assessed costs but also of an uplift known as a success fee and the premium for insurance against their own and the other side’s costs in case of failure known as after-the-event (‘ATE’) insurance if they won the case or obtained a satisfactory settlement. As I also mentioned in that article, it is still possible to enter a CFA but any success fee and ATE insurance premium must now be paid by the successful party – usually out of any damages or accountable profits he or she may receive.”

Full story

NIPC Law, 4th May 2013

Source: www.nipclaw.blogspot.co.uk

Turning the tide on compensation culture – Ministry of Justice

Posted May 2nd, 2013 in compensation, fees, insurance, news, personal injuries by sally

“Major law changes are turning the tide on the growing compensation culture, Justice Secretary Chris Grayling said today [1 May].”

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Ministry of Justice, 1st May 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

An introduction to qualified one way costs shifting: New CPR 44.13-17 – Hardwicke Chambers

Posted May 1st, 2013 in appeals, civil procedure rules, costs, damages, fees, news by sally

“In ‘part-payment’ for the loss of recoverability of the CFA success fee, Lord Justice Jackson gave Claimants a 10% uplift on general damages, which was enacted in rather peculiar fashion by the Court of Appeal in Simmons v Castle by means that can only be described as ‘judicial legislating’.”

Full story

Hardwicke Chambers, 19th April 2013

Source: www.hardwicke.co.uk

Exeter lawyer’s anti-legal aid tendering petition signed by 24,000 – BBC News

Posted May 1st, 2013 in competition, criminal justice, fees, legal aid, news, tenders by sally

“A petition against proposed changes to criminal legal aid set up by an Exeter-based solicitor has attracted more than 24,000 signatures.”

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BBC News, 30th April 2013

Source: www.bbc.co.uk

New legal aid reforms end ‘justice for all’, lawyers warn – The Independent

“England’s 800-year-old tradition of fair and open access to justice for all will
be destroyed by sweeping Government plans to reform criminal legal aid, senior
judges and magistrates warn today.”

Full story

The Independent, 28th April 2013

Source: www.independent.co.uk

Action on time-wasting judicial reviews – Ministry of Justice

Posted April 24th, 2013 in budgets, fees, judicial review, news, time limits by sally

“New controls will tackle the soaring number of judicial review applications being made in England and Wales.”

Full story

Ministry of Justice, 23rd April 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Government pressing ahead with (most of) its proposals to restrict access to judicial review – UK Human Rights Blog

Posted April 24th, 2013 in budgets, consultations, fees, judicial review, news, time limits by sally

“The Ministry of Justice has released its response to the comments generated by the consultation paper on judicial review that was published in December. Unsurprisingly, the Government has signalled that it intends to press ahead with most of the proposals upon which it consulted.”

Full story

UK Human Rights Blog, 23rd April 2013

Source: www.ukhumanrightsblog.com

Update from the Chairman: legal aid consultation – The Bar Council

Posted April 23rd, 2013 in barristers, consultations, fees, legal aid, news by sally

“Bar Council met on Saturday 20 April, for the first time since the consultation was published. It was attended by all the Circuit Leaders and the Criminal Bar Association’s Chairman and Vice-Chairman.”

Full story

The Bar Council, 23rd April 2013

Source: www.barcouncil.org.uk

Grayling: No more using judicial review as a cheap delaying tactic – Ministry of Justice

Posted April 23rd, 2013 in consultations, delay, fees, immigration, judicial review, news, planning by sally

“The culture of using meritless judicial review applications to delay immigration decisions and hold up development will be attacked by new controls announced today by Justice Secretary Chris Grayling.”

Full story

Ministry of Justice, 23rd April 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Judicial review controls unveiled – BBC News

Posted April 23rd, 2013 in civil justice, fees, immigration, judicial review, news, planning by sally

“Ministers are to unveil controls aimed at tackling judicial reviews in English courts that hold up building projects and delay immigration decisions.”

Full story

BBC News, 23rd April 2013

Source: www.bbc.co.uk

Lesley Kemp faces libel suit over Twitter comments – BBC News

Posted April 22nd, 2013 in defamation, fees, internet, legal representation, news by sally

“A woman who complained about an unpaid £146 invoice is facing a libel battle that could cost her more than £100,000.”

Full story

BBC News, 19th April 2013

Source: www.bbc.co.uk

Simplified court fee waivers to save taxpayers £7m – Ministry of Justice

Posted April 19th, 2013 in consultations, courts, fees, press releases, tribunals by sally

“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.”

Full press release

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

Posted April 18th, 2013 in consultations, courts, fees, news, tribunals by sally

“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.”

Full story

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

Posted April 17th, 2013 in costs, disclosure, fees, law reports, personal injuries, solicitors by sally

Flatman v Germany(Law Society intervening); Weddall v Barchester Health Care Ltd (Same intervening) [2013] EWCA Civ 278; [2013] WLR (D) 138

“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

Posted April 12th, 2013 in champerty, costs, fees, news, solicitors by sally

“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.”

Full story

The Lawyer, 11th April 2013

Source: www.thelawyer.com

The Future of commercial litigation: Bleak House or Great Expectations? – Littleton Chambers

Posted April 11th, 2013 in barristers, costs, fees, news, solicitors by sally

The Future of commercial litigation: Bleak House or Great Expectations? (PDF)

Littleton Chambers, 2nd April 2013

Source: www.littletonchambers.com

Damages-based agreements – Are you at risk of being sued? – Hardwicke Chambers

Posted April 11th, 2013 in damages, fees, news, solicitors, undersettlement by sally

“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).”

Full story

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’.”

Full story

The Barristers’ Hub, 5th April 2013

Source: www.barristershub.co.uk