Minister: Reforms “not exactly” what criminal legal aid review said – Legal Futures

Posted April 28th, 2022 in barristers, criminal justice, fees, legal aid, news, solicitors by sally

‘Justice minister James Cartlidge has admitted to MPs that the government’s response to an independent review of criminal legal aid was “not exactly” what its author, Sir Christopher Bellamy, proposed.’

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Legal Futures, 28th April 2022

Source: www.legalfutures.co.uk

Case Comment: Bott & Co Solicitors v Ryanair DAC [2022] UKSC 8 – UKSC Blog

Posted April 5th, 2022 in airlines, compensation, delay, fees, news, solicitors, Supreme Court by sally

‘The case brought by Bott & Co Solicitors (“Bott”) against Ryanair DAC (“Ryanair”) concerns the extent of the solicitor’s equitable lien, a remedy that has been recognised by the courts for over two hundred years.’

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UKSC Blog, 1st April 2022

Source: ukscblog.com

Legal aid work “close to being unsustainable”, new campaign warns – Legal Futures

‘A new campaign for increased legal aid funding has been launched after the findings of a unique census showed the market will not be sustainable without more government action.’

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Legal Futures, 31st March 2022

Source: www.legalfutures.co.uk

Barristers to press ahead with legal aid action – Law Society’s Gazette

Posted March 22nd, 2022 in barristers, criminal justice, fees, industrial action, legal aid, news, remuneration by tracey

‘Barristers will not be balloted on whether they are happy to accept the proposed £135m package of criminal legal aid reforms announced last week, the Criminal Bar Association has revealed.’

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Law Society's Gazette, 22nd March 2022

Source: www.lawgazette.co.uk

Bott urges solicitors to put all defendants on notice of equitable lien – Legal Futures

Posted March 18th, 2022 in airlines, appeals, compensation, delay, fees, law firms, news, solicitors, Supreme Court by tracey

‘Litigators should now put defendants on notice at the start of any matter that they will enforce an equitable lien if necessary, the senior partner of Bott & Co has advised.’

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Legal Futures, 18th March 2022

Source: www.legalfutures.co.uk

Three million dead can be part of Mastercard action – Law Society’s Gazette

Posted March 10th, 2022 in class actions, consumer credit, domicile, fees, financial regulation, news, ombudsmen by tracey

‘Around three million now-dead people can continue to be part of a mammoth group action against Mastercard after the Competition Appeal Tribunal today ruled that anyone living in the UK when the claim form was filed should be part of the class.’

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Law Society's Gazette, 9th March 2022

Source: www.lawgazette.co.uk

Costs row in abuse cases as court rules Grade C fee earner should lead – Law Society’s Gazette

Posted March 8th, 2022 in child abuse, costs, fees, news, solicitors by tracey

‘A new judgment on the grade of fee earner appropriate for historical abuse cases has prompted fierce debate between lawyers about wider costs levels for this type of claim.’

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Law Society’s Gazette, 7th March 2022

Source: www.lawgazette.co.uk

Lack of jurisdiction entitled adjudicator to resign – Practical Law: Construction Blog

‘Last year I wrote about the judgment in Davies & Davies Associates Ltd v Steve Ward Services (UK) Ltd, where Roger ter Haar QC (sitting as a deputy High Court judge) granted summary judgment on a claim for payment of an adjudicator’s fees and expenses arising from an adjudication in which the adjudicator resigned prior to issuing a decision. The matter has now come before the Court of Appeal in Steve Ward Services (UK) Ltd v Davies & Davies Associates Ltd, with Coulson LJ giving the leading judgment. The court upheld the first instance decision and also allowed the adjudicator’s cross-appeal, finding that the judge was wrong to suggest the adjudicator’s decision to resign was erroneous or that he went outside the ambit of paragraph 13 of the Scheme for Construction Contracts 1998.’

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Practical Law: Construction Blog, 2nd March 2022

Source: constructionblog.practicallaw.com

LSB warns Bar Council over objections to “unreasonable” PCF rise – Legal Futures

Posted March 2nd, 2022 in barristers, budgets, consultations, fees, Legal Services Board, news, statistics by sally

‘The Legal Services Board (LSB) has approved a 4.5% increase in the practising certificate fee (PCF) for barristers, while warning the Bar Council that the exercise of its regulatory functions, such as setting the fee, “should not be prejudiced” by its representative role.’

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Legal Futures, 2nd March 2022

Source: www.legalfutures.co.uk

Court of Appeal to start again in test case on deductions from PI damages – Legal Futures

Posted February 24th, 2022 in appeals, consent, costs, damages, fees, news, personal injuries, solicitors by sally

‘The much-anticipated hearing in CAM Legal v Belsner was scrapped yesterday after the Court of Appeal raised the possibility that pre-action legal work was contentious business for costs purposes.’

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Legal Futures, 24th February 2022

Source: www.legalfutures.co.uk

Barristers plan ground-breaking transparency over income and caseloads – Legal Futures

Posted February 16th, 2022 in barristers, diversity, equality, fees, news, remuneration by sally

‘One of the country’s largest chambers is planning to be the first to publish details of barristers’ incomes and caseloads, which would enable comparisons to be made based on gender and ethnicity.’

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Legal Futures, 16th February 2022

Source: www.legalfutures.co.uk

BSB report: Female barristers continue to earn less than male barristers, and barristers from ethnic minority backgrounds continue to earn less than White barristers – Bar Standards Board

Posted February 11th, 2022 in barristers, diversity, equality, fees, news, remuneration, statistics by tracey

‘The Bar Standards Board (BSB) has today published a report updating its analysis of data on barristers’ income by gender and ethnicity. This builds on previous research by the BSB published in 2020 and research into incomes undertaken by the Bar Council in September 2021 by considering a wider range of factors liked to income (such as seniority and location) as well as comparing pre and post pandemic income levels.’

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Bar Standards Board, 7th February 2022

Source: www.barstandardsboard.org.uk

British Citizenship: Precious, Costly, and Precarious – Oxford Human Rights Hub

Posted February 10th, 2022 in bills, citizenship, EC law, fees, news, statutory interpretation, treaties by sally

‘Citizenship still matters; its absence denotes precarity. As Covid19 travel restrictions reminded us, at its international core lies the right to enter one’s country and reside therein. Domestically, in most jurisdictions, citizenship serves as an eligibility criterion for electoral participation; excluded non-citizens have limited capacity to advance their rights through the political process.’

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Oxford Human Rights Hub, 8th February 2022

Source: ohrh.law.ox.ac.uk

Donnchadh Greene and Gabriel Tan: Statutory Interpretation and Citizenship: D4 v SSHD and PRCBC v SSHD – UK Constitutional Law Association

‘This piece considers two recent decisions – one by the Court of Appeal (“CA”): D4 v Secretary of State for the Home Department [2022] EWCA Civ 33, and the other by the Supreme Court (“SC”): R (The Project for the Registration of Children as British Citizens) v Secretary of State for the Home Department [2022] UKSC 3 (“PRCBC”). At a general level, the cases raised similar issues: both involved challenges to delegation legislation on grounds that they were ultra vires; both related to citizenship – D4 about its deprivation, PRCBC about its conferral. This piece seeks to draw some threads from the two cases about statutory interpretation and the common law in the context of citizenship.’

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UK Constitutional Law Association, 9th February 2022

Source: ukconstitutionallaw.org

Supreme Court throws out legal challenge against £1,012 child citizenship fee – The Independent

‘The Supreme Court has thrown out a legal challenge against the government’s £1,000 child citizenship fee, which campaigners argue many children cannot afford.’

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The Independent, 2nd February 2022

Source: www.independent.co.uk

Judge slashes QC’s £110k brief fee for case that settled before trial – Legal Futures

Posted January 7th, 2022 in accidents, barristers, costs, fees, news, personal injuries, sport by tracey

‘A costs judge has slashed the £110,000 brief fee sought by a claimant when his case settled nearly three weeks ahead of trial and before the QC had started preparing for it.’

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Legal Futures, 7th January 2022

Source: www.legalfutures.co.uk

‘No alternative’ to new walkouts in legal aid dispute, says QC – The Guardian

‘A former barrister who led the first strike at the England and Wales bar has said he “can’t see any alternative” to fresh industrial action in a dispute over legal aid fees.’

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The Guardian, 22nd November 2021

Source: www.theguardian.com

High Court rejects attempt to block claims against lawyers – Legal Futures

Posted November 8th, 2021 in fees, injunctions, law firms, news, proceeds of crime by tracey

‘The High Court has refused to make an order to prevent future claims on a law firm’s fees that claimants may argue came from stolen funds.’

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Legal Futures, 8th November 2021

Source: www.legalfutures.co.uk

Defensive Advising Strategies 3: Risk Bargaining Between Adviser and Client – Wilberforce Chambers

Posted November 2nd, 2021 in barristers, fees, legal advice, news by sally

‘The concept of “risk bargaining” is not a term of art. However, I am sure that risk bargaining, as I describe it below, is something well-known to experienced professional advisers in their dealings with their clients.’

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Wilberforce Chambers, 7th October 2021

Source: www.wilberforce.co.uk

Lawyers the only winners in “nihilistic” divorce dispute, says judge – Legal Futures

Posted October 29th, 2021 in costs, divorce, families, fees, judges, news, solicitors by tracey

‘The lawyers are the only beneficiaries of a “nihilistic” divorce dispute that has cost £2.3m in legal fees, with the couple’s children the main losers, a High Court judge has ruled.’

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Legal Futures, 29th October 2021

Source: www.legalfutures.co.uk