SIF rule could be “catastrophic” for retired solicitors – Legal Futures

Posted September 20th, 2019 in indemnities, news, notification, retirement, solicitors by sally

‘Refusal by the Solicitors Indemnity Fund (SIF) to accept notifications of potential claims could be “catastrophic” for retired solicitors, a specialist in professional regulation and insurance has warned.’

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Legal Futures, 20th September 2019

Source: www.legalfutures.co.uk

Lawyers at “growing risk of claims” for under-settlement – Litigation Futures

‘Professional negligence actions arising from lawyers under-settling personal injury and clinical negligence claims appear to be on the rise, a specialist barrister has warned.’

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Litigation Futures, 7th August 2019

Source: www.litigationfutures.com

Solicitor in four year wheelie bin row with doctor is cleared of harassment – Daily Telegraph

Posted July 16th, 2019 in complaints, costs, harassment, housing, indemnities, news, waste by tracey

‘A solicitor who engaged in a four-year row over a wheelie bin has been cleared of harassing his doctor neighbour after a judge ruled he was entitled to protect his property.’

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Daily Telegraph, 15th July 2019

Source: www.telegraph.co.uk

Court can order costs in foreign currency on summary assessment – Litigation Futures

Posted May 10th, 2019 in costs, fees, indemnities, jurisdiction, news by sally

‘The court has jurisdiction to make an order for costs in a foreign currency on summary assessment, a deputy High Court judge has ruled in what he said appeared to be the first case on the point.’

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Litigation Futures, 9th May 2019

Source: www.litigationfutures.com

MoD hit with indemnity costs for disclosure failure – Litigation Futures

Posted March 8th, 2019 in armed forces, costs, disclosure, indemnities, news by sally

‘The Ministry of Defence (MoD) has been ordered to pay indemnity costs after the High Court ruled that it “has not begun to grapple with its obligations in terms of disclosure” in a procurement challenge.’

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Litigation Futures, 7th March 2019

Source: www.litigationfutures.com

Court caps appeal costs to keep ‘some semblance of reasonableness’ – Law Society’s Gazette

Posted January 17th, 2019 in airlines, appeals, costs, costs capping orders, indemnities, news, pensions, Supreme Court by tracey

‘The High Court has taken the proactive step of capping the costs of a litigant before they pursue an appeal through the Supreme Court. Mr Justice Arnold said the claimant in Airways Pension Scheme Trustee Ltd v Fielder & Anor should be limited to the same costs as the defendant – in doing so shaving around £200,000 from the costs estimate.’

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Law Society's Gazette, 16th January 2019

Source: www.lawgazette.co.uk

Court orders insurer to cover negligent solicitors’ unpaid costs – Legal Futures

Posted January 14th, 2019 in appeals, costs, indemnities, insurance, law firms, negligence, news, solicitors, Supreme Court by tracey

‘The insurer of a negligent Italian law firm operating in London has been ordered to pay £3m in costs to the victims after the lawyers failed to pay up.’

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Legal Futures, 14th January 2018

Source: www.legalfutures.co.uk

Leading firm left with court fees budget after late service – Litigation Futures

Posted December 7th, 2018 in budgets, case management, costs, fees, indemnities, law firms, news, sanctions, service by tracey

‘A leading national law firm that served its budget late has failed in an application for relief from sanctions only made on the day of the case and costs management conference (CCMC).’

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Litigation Futures, 7th December 2018

Source: www.litigationfutures.com

Divorce is not a “blank cheque” for litigation, judge warns – Legal Futures

Posted November 27th, 2018 in costs, divorce, financial provision, indemnities, legal representation, news by tracey

‘Litigation is not a “blank cheque” and divorcing people cannot behave on the basis that they are bound to be reimbursed for their costs, a leading family law judge has warned.’

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Legal Futures, 27th November 2018

Source: www.legalfutures.co.uk

Appealing findings made by the TCC: guidance from the Court of Appeal – Practical Law: Construction Blog

Posted November 22nd, 2018 in appeals, civil procedure rules, fire, indemnities, insurance, news by tracey

‘In 2014, a waste plant owned by Wheeldon Brothers Waste Ltd was damaged by fire. Its insurer, Millennium Insurance Company Ltd, declined to indemnify the company in relation to the fire, citing alleged breaches of a variety of policy terms. At first instance, Mr Jonathan Acton Davis QC, sitting as Deputy High Court judge, ruled that Wheeldon was entitled to the indemnity.’

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Practical Law: Construction Blog, 19th November 2018

Source: constructionblog.practicallaw.com

Judge criticises City solicitor for giving witness statement to journalist – Litigation Futures

‘A High Court judge has strongly criticised a City partner who gave a journalist a copy of a witness statement made in support of an application for pre-action disclosure.’

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Litigation Futures, 13th November 2018

Source: www.litigationfutures.com

Defendants pay heavy price for refusing to discuss costs – Law Society’s Gazette

‘Defendants in a professional negligence claim who rejected the chance to settle costs have been left nursing a bill at least three times higher than it might have been.’

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Law Society's Gazette, 2nd November 2018

Source: www.lawgazette.co.uk

Top family solicitor opts for BSB entity regulation – Legal Futures

Posted November 5th, 2018 in barristers, indemnities, insurance, news, regulations, solicitors by sally

‘The former national head of family law at Simpson Millar has set up his own firm and chosen to be regulated by the Bar Standards Board (BSB).’

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Legal Futures, 5th November 2018

Source: www.legalfutures.co.uk

Firm terminated retainer “without notice or good reason” – Litigation Futures

Posted October 31st, 2018 in fees, indemnities, insurance, law firms, news, notification, winding up by sally

‘A law firm’s decision to terminate its retainer without notice to the client – because it was closing down – was unreasonable and it could not claim the fees due before then, the High Court has ruled.’

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Litigation Futures, 31st October 2018

Source: www.litigationfutures.com

Claimants who discontinued huge case during trial ordered to pay indemnity costs – Litigation Futures

Posted October 19th, 2018 in bankruptcy, civil procedure rules, costs, debts, indemnities, insolvency, news by sally

‘Claimants who discontinued their case four days into a six-week trial have been ordered to pay the defendants’ costs on the indemnity basis because their conduct took it ‘out of the norm’.’

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Litigation Futures, 19th October 2018

Source: www.litigationfutures.com

Judge wrong to give paying party benefit of doubt over implied retainer – Litigation Futures

Posted August 22nd, 2018 in bankruptcy, costs, indemnities, news, remuneration, solicitors by sally

‘A costs judge was wrong to give the paying party the benefit of the doubt when she was not sure if there was an implied retainer in existence before the written agreement, a High Court judge has ruled.’

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Litigation Futures, 21st August 2018

Source: www.litigationfutures.com

“Off-Plan” Investment Schemes: Equitable Compensation – Hardwicke Chambers

‘The SRA has issued warning notices[1] to solicitors regarding whether they should act and how they should act towards their clients in relation to purported transactions concerning investment schemes. However, for many the warning will have come too late since many investors have previously parted with deposits (in some cases amounting to the client’s life savings) in return for worthless insurance bonds and unsecured interests in land or property which are also found to be worthless when the developer defaults on the development and becomes insolvent.’

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Hardwicke Chambers, 12th July 2018

Source: www.hardwicke.co.uk

Part 36: no presumption in favour of indemnity costs on late acceptance – Hailsham Chambers

Posted August 7th, 2018 in costs, delay, indemnities, news, part 36 offers, time limits by sally

‘Where a defendant accepts a claimant’s Part 36 offer after expiry of the 21 day period, many claimants (and legal commentators) have argued that the claimant should be entitled to recover indemnity costs from the expiry of the relevant period, just as they would if the case had gone to trial and the same result had been achieved. This argument has been particularly attractive to claimants where fixed costs apply, as an order for indemnity costs will allow the claimant to recover more than fixed costs. A number of County Court Judges and District Judges have accepted this argument in PI actions to which fixed costs apply.’

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Hailsham Chambers, 23rd July 2018

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Costs blow for tardy defendant with ‘worse than hopeless’ case – Law Society’s Gazette

Posted August 6th, 2018 in costs, delay, hospitals, indemnities, negligence, news, part 36 offers, time limits by sally

‘Civil claimants despairing at Part 36 costs rules have a ray of hope following a court’s decision to swing the pendulum their way again. In Holmes v West London Mental Health NHS Trust the High Court ruled last week that a defendant party who waited 15 months to accept a Part 36 offer must pay indemnity costs covering the period of delay.’

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Law Society's Gazette, 3rd August 2018

Source: www.lawgazette.co.uk

Indemnity costs, allegations of fraud and discontinuance: PJSC Aeroflot v Forus and others [2018] EWHC 1735 (Ch) – Zenith PI

Posted July 20th, 2018 in costs, fraud, indemnities, news by tracey

‘There are lessons for practitioners in all areas in the judgment of Rose J in Aeroflot v Forus and others. That case – a long-running chancery matter concerning skulduggery, political intrigue and alleged fraud –stands as a reminder that parties plead fraud at their peril.’

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Zenith PI, 17th July 2018

Source: zenithpi.wordpress.com