Archive for the 'costs' Category

MoJ could face judicial review challenge over civil cost reforms – Law Society’s Gazette

“Charitable group the Public Law Project (PLP) has threatened to launch a legal challenge to the Ministry of Justice’s civil costs and funding reforms.”

Full story

Law Society’s Gazette, 28th April 2011

Source: www.lawgazette.co.uk

Shadow justice minister attacks Jackson costs reforms – Law Society’s Gazette

“Shadow justice minister Andy Slaughter called on personal injury lawyers to get their clients involved in the fight to amend the government’s proposals on civil litigation costs.”

Full story

Law Society’s Gazette, 21st April 2011

Source: www.lawgazette.co.uk

Volume disputes set for huge upheaval as MoJ backs Jackson on civil litigation reform – Legal Week

“Success fees look set to be ushered in for complex commercial cases, ironically just as the Government unveiled reforms expected to severely restrict their widespread use in volume personal injury claims.”

Full story

Legal Week, 7th April 2011

Source: www.legalweek.com

Harry Potter and the Order of the High Court – The Lawyer

“The man who is suing Harry Potter author JK Rowling and publishers Bloomsbury has been ordered by the High Court to pay £1.6m as security for costs or the claim will be struck out.”

Full story

The Lawyer, 6th April 2011

Source: www.thelawyer.com

Guideline Hourly Rates for 2011 – Judiciary of England and Wales

“The Master of the Rolls has received a recommendation from the Advisory Committee on Civil Costs on an increase to the Guideline Hourly Rates for 2011.”

Full story

Judiciary of England and Wales, 4th April 2011

Source: www.judiciary.gov.uk

Bar Council Establishes CLAF Group in Response to Proposed Jackson Reforms – The Bar Council

“The Bar Council, which represents barristers in England and Wales, has today established a working group to explore the viability of a Contingency Legal Aid Fund (CLAF) in the wake of the Government’s response to its consultation on civil litigation costs.”

Full press release

The Bar Council, 1st April 2011

Source: www.barcouncil.org.uk

Clarke announces major overhaul of civil justice – Ministry of Justice

“The first major overhaul of the civil justice system in 15 years and reform of controversial ‘no win no fee’ deals were announced by Justice Secretary Kenneth Clarke today.”

Full press release

Ministry of Justice, 29th March 2011

Source: www.justice.gov.uk

Clarke stamping out compensation culture fears – Ministry of Justice

“Fears that a damaging compensation culture and an unwieldy justice system is costing businesses millions of pounds and deterring deserving individuals from using the justice system are to be tackled under plans announced today.”

Full press release

Ministry of Justice, 29th March 2011

Source: www.justice.gov.uk

The cost of clamping down on ‘no win, no fee’ legal arrangements – The Guardian

“Ken Clarke’s announcement on Tuesday that the government is to reform the costs of civil litigation has been portrayed as a crackdown on lawyers’ fees. That always makes a pleasing headline but the reality is that the justice secretary wants the public to do it for him.”

Full story

The Guardian, 30th March 2011

Source: www.guardian.co.uk

Price of suing the NHS too high – The Guardian

“Suing the NHS for medical negligence may become too costly in the wake of cuts to both legal aid and lawyers’ success fees.”

Full story

The Guardian, 29th March 2011

Source: www.guardian.co.uk

Kenneth Clarke unveils plans to tackle compensation culture – The Guardian

“Proposals to tackle Britain’s ‘damaging compensation culture’, control legal costs and divert cases from courtrooms into online resolution have been unveiled by the justice secretary.”

Full story

The Guardian, 29th March 2011

Source: www.guardian.co.uk

Judge considers costs for ACS Law – BBC News

“Controversial law firm ACS Law returned to court on Wednesday as the cases it brought against alleged file-sharers were officially closed.”

Full story

BBC News, 16th March 2011

Source: www.bbc.co.uk

Woman used as ‘slave’ wins case against former hospital director – The Guardian

“A former hospital director has been convicted of trafficking a woman from Tanzania to Britain and using her as a ‘slave’, in the first case of its kind to come before a court.”

Full story

The Guardian, 17th March 2011

Source: www.guardian.co.uk

Damages awarded in first UK Twitter libel action – Law Society’s Gazette

“A Welsh councillor has been ordered to pay damages in what is believed to be the first libel action resulting from comments posted on Twitter.”

Full story

Law Society’s Gazette, 15th March 2011

Source: www.lawgazette.co.uk

Sousa v Waltham Forest London Borough Council – WLR Daily

Sousa v Waltham Forest London Borough Council [2011] EWCA Civ 194; [2011] WLR (D) 71

“A successful claimant was entitled to seek costs which included a success fee under a conditional fee agreement where the agreement had been entered into between the claimant’s insurers and the lawyers acting for him and the applicable insurance policy provided him with an indemnity as to costs.”

WLR Daily, 4th March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Injured by the NHS? Prepare for further pain – The Guardian

“Justice ministry hopes to remove clinical negligence from legal aid and make claimants pay fees and premiums out of damages.”

Full story

The Guardian, 3rd March 2011

Source: www.guardian.co.uk

CMCS Common Market Commercial Services AVV v Taylor; Taylor v Stoutt and others – WLR Daily

CMCS Common Market Commercial Services AVV v Taylor; Taylor v Stoutt and others [2011] EWHC 324 (Ch); [2011] WLR (D) 57

“There was no difference in principle between the ambit of a solicitor’s duty to the court in relation to the conduct and supervision of disclosure of documents and the conduct and supervision of any redaction of disclosable doccuments prior to inspection.”

WLR Daily, 24th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Werynski v Mediatel 4B spólka z o o – WLR Daily

Werynski v Mediatel 4B spólka z o o (Case C-283/09); [2011] WLR (D) 50

“In respect of acts which had been adopted in the field of Title IV of the EC Treaty, since December 1 2009 the Court of Justice of the European Union has had jurisdiction to hear and determine a reference for a preliminary ruling from a court against whose decision there was a judicial remedy under national law even where the reference was lodged prior to that date. In determining whether the question referred to the Court of Justice was necessary to enable the referring court to ‘give judgment’ pursuant to article 267FEU of the FEU Treaty, ‘give judgment’ referred to the entire process of creating the judgment, including all issues relating to the responsibility for the costs of proceedings. Where the examination of a witness by a court was at issue there was a direct connection between the question referred for a preliminary ruling and the performance by the referring court of a judicial function. A requested court was not entitled pursuant to Council Regulation (EC) No 1206/2001 on cooperation between the courts of the member states in the taking of evidence in civil or commercial matters (OJ 2001 L 174, p 1), to make the examination of a witness conditional on prior payment of an advance from the requesting court covering his witness expense and there was no obligation upon the requesting court to pay such an advance nor was the requesting court obliged to reimburse the expenses paid to the witness examined.”

WLR Daily, 21st February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Legal Aid Cuts Will Cost More Than They Save: Barristers’ Body Warns That Increase in ‘DIY Justice’ Will Gridlock Courts – The Bar Council

“A forensic examination of the Government’s Green Paper on legal aid, carried out by the Bar Council, which represents barristers in England and Wales, has found that proposals by the Ministry of Justice to cut legal aid could end up costing rather than saving taxpayers’ money, with a devastating effect on access to justice.”

Full story

The Bar Council, 14th February 2011

Source: www.barcouncil.org.uk

Bar Council on Jackson Reforms: Cost Reduction Welcome but Must Be Targeted to Safeguard Access to Justice – The Bar Council

“The Bar Council, which represents barristers in England and Wales, will today respond to the Government’s proposals for the reform of the costs of civil litigation. It will say that cost reduction is in the public interest but will warn that whilst cost reduction is welcome significant threats to access to justice must be addressed and that one size cannot fit all in litigation.”

Full story

The Bar Council, 14th February 2011

Source: www.barcouncil.org.uk

Law academics slam Jackson’s civil justice proposals – Law Society’s Gazette

“An independent panel of law academics has branded Lord Justice Jackson’s proposals to reform civil litigation costs as ‘misleading and ‘inconsistent with a fundamental principle of civil justice’, as it published a report today.”

Full story

Law Society’s Gazette, 11th February 2011

Source: www.lawgazette.co.uk

Solicitors Regulation Authority v Davis and another – WLR Daily

Solicitors Regulation Authority v Davis and another [2011] WLR (D) 36

“Where a solicitor admitted disciplinary charges, and therefore anticipated sanctions upon him, he should give notice in advance of the hearing to the Solicitors Regulation Authority and the Solicitors Disciplinary Tribunal that he intended to contend either that no order for costs should be made against him, in exercise of the tribunal’s power under section 47(2) of the Solicitors Act 1974, or that any order for costs should be limited by reason of his lack of means.”

WLR Daily, 4th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jackson slams piecemeal civil litigation funding proposals – OUT-LAW.com

“Government proposals to modify Lord Jackson’s comprehensive package of civil litigation reforms would be a ‘disaster’, according to Lord Jackson.”

Full story

OUT-LAW.com, 2nd February 2011

Source: www.out-law.com

Holy man looks set to drop libel case – The Independent

“An Indian Sikh holy man who is suing a journalist in the British courts for libel has been ordered to put up quarter of million pounds in security costs in order to pursue the case further.”

Full story

The Independent, 1st February 2011

Source: www.independent.co.uk

Sibthorpe and another v Southwark London Borough Council (Law Society intervening) – WLR Daily

Sibthorpe and another v Southwark London Borough Council (Law Society intervening) [2011] EWCA Civ 25; [2011] WLR (D) 21

“A conditional fee agreement which provided for the claimant’s solicitors to indemnify her against payment of the defendant’s costs if the claim was dismissed was not champertous or otherwise contrary to public policy. As a result its inclusion in a conditional fee agreement which in all other respects complied with the requirements of section 58 of the Courts and Legal Services Act 1990 did not invalidate the agreement.”

WLR Daily, 26th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Campbell libel ruling exposes ‘deeply flawed’ CFA system – Law Society’s Gazette

“Bumper success fees for lawyers in libel cases will soon be a thing of the past following last week’s ruling by the European Court of Human Rights (ECHR) in the Naomi Campbell case, solicitors predicted this week.”

Full story

Law Society’s Gazette, 27th January 2011

Source: www.lawgazette.co.uk

Chancery Lane hails landmark ruling on access to justice – Law Society’s Gazette

“Solicitors must be allowed to shoulder the risk of adverse costs orders on behalf of their clients to ensure proper access to justice, the Court of Appeal ruled today.”

Full story

Law Society’s Gazette, 26th January 2011

Source: www.lawgazette.co.uk

Jackson attacks government’s partial reform plan – Law Society’s Gazette

“Lord Justice Jackson criticised the way the government plans to implement his reforms to civil justice costs in a sternly worded letter to the justice secretary last week.”

Full story

Law Society’s Gazette, 27th January 2011

Source: www.lawgazette.co.uk

Proposals for reform of civil litigation funding and costs in England and Wales: Lord Justice Jackson response – Judiciary of England and Wales

“Lord Justice Jackson has sent the Lord Chancellor his response to the Ministry of Justice consultation paper on civil litigation funding and costs. The consultation closes on 14 February 2011.”

Full response

Judiciary of England & Wales, 20th January 2011

Source: www.judiciary.gov.uk

Huscroft v P & O Ferries Ltd – WLR Daily

Huscroft v P & O Ferries Ltd [2010] EWCA Civ 148; [2010] WLR (D) 348

“CPR r 3.1(3), which permitted a court to attach conditions to the making of an order, was intended to control the future conduct of proceedings and not to punish previous misconduct.”

WLR Daily, 4th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Edwards and another) v Environment Agency and others – WLR Daily

Regina (Edwards and another) v Environment Agency and others [2010] UKSC 57; [2011] WLR (D) 327

“The function of costs officers was to carry out detailed assessments of costs, subject to any directions that might be given to them by the court. Decisions as to whether the receiving party should receive less than 100% of the assessed costs were reserved to the court.”

WLR Daily, 15th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Carroll v Kynaston – WLR Daily

Carroll v Kynaston [2010] EWCA Civ 1404; [2010] WLR (D) 325

“A party to a settlement agreement was not entitled to claim in a further action by way of damages the amount by which the costs awarded him fell short of the costs actually incurred by him.”

WLR Daily, 14th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed

Regina (Conservative and Unionist Party) v Election Commissioner – WLR Daily

Regina (Conservative and Unionist Party) v Election Commissioner [2010] EWCA Civ 1332; [2010] WLR (D) 296

“It was not open to a petitioner to an election court to seek an order for costs under s 51 of the Senior Courts Act 1981 against the respondent’s political party and its local party association who had not been parties to the petition. Once the election commissioner had made a final order for costs and dealt with all aspects of the petiton under the Representation of the People Act 1983 he did not have the authority to re-open a decision as to costs and consider making an order against a third party.”

WLR Daily, 24th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bar owner cleared of GBH faces £9,000 legal bill after court refuses to pay for his top QC – Daily Telegraph

“An innocent businessman faces a £9,000 legal bill after judges ruled that the taxpayer should not have to pay for the leading criminal barrister who defended him.”

Full story

Daily Telegraph, 18th November 2010

Source: www.telegraph.co.uk

Regina v Constantine – WLR Daily

Regina v Constantine [2010] EWCA Crim 2406; [2010] WLR (D) 28

“A court had to take account of a confiscation order before making any order ‘involving payment by the defendant’ of costs relating to all of the proceedings that had gone on thus far.”

WLR Daily, 10th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Shoesmith appeals high court dismissal ruling – The Guardian

“Sharon Shoesmith has launched an appeal against the high court ruling earlier this year which rejected her claim that she was unfairly sacked as director of Haringey children’s services after the death of baby Peter Connelly, the Guardian has learned.”

Full story

The Guardian, 10th November 2010

Source: www.guardian.co.uk

Sharon Shoesmith Baby P legal bid costs nearly £500,000 – BBC News

“A legal battle by the council director sacked over the death of Baby P has cost taxpayers nearly £500,000.”

Full story

BBC News, 8th November 2010

Source: www.bbc.co.uk

New legal aid court challenge set to proceed – Law Society’s Gazette

“A High Court judge has refused an injunction that could have further delayed the start of the new mental health and public law legal aid contracts – but awarded a protective costs order to enable a legal challenge to the two Legal Services Commission tender processes.”

Full story

Law Society’s Gazette, 8th November 2010

Source: www.lawgazette.co.uk

Lawyers issue warning over Lord Young’s compensation proposals – Law Society’s Gazette

“The government must not hinder access to justice for personal injury victims as it takes forward Lord Young’s report on the ‘compensation culture’, lawyers’ groups have warned.”

Full story

Law Society’s Gazette, 21st October 2010

Source: www.lawgazette.co.uk

Disgraced Dizaei paid just £750 court costs – Daily Telegraph

“Disgraced former police officer Ali Dizaei paid just £750 towards the five-figure cost of putting him on trial, it can be disclosed today.”

Full story

Daily Telegraph, 16th October 2010

Source: www.telegraph.co.uk

Chancery Lane publishes Jackson review response – Law Society’s Gazette

“The Law Society today warned against piecemeal implementation of Lord Justice Jackson’s proposals on civil litigation costs, telling the government that this could be ‘very damaging’ to access to justice. Jackson himself has said that his reforms will not succeed unless they are implemented as a whole.”

Full story

Law Society’s Gazette, 14th October 2010

Source: www.lawgazette.co.uk

Kenneth Clarke reveals what cuts will mean for the courts – The Guardian

“This month, the justice secretary, Kenneth Clarke, is expected to outline ways in which he could cut around a quarter of his department’s annual budget. Making prisoners work for 40 hours a week — the policy Clarke outlined at the Conservative conference on Tuesday — won’t go very far towards producing the £2bn or so of savings that he needs.”

Full story

The Guardian, 7th October 2010

Source: www.guardian.co.uk

Kent dog breeder Melanie King banned for animal cruelty – BBC News

“A Kent breeder who kept dogs in ‘truly appalling’ conditions has been banned from keeping animals for life.”

Full story

BBC News, 9th September 2010

Source: www.bbc.co.uk

Sharon Shoesmith given leave to appeal court ruling on dismissal – The Guardian

“Sharon Shoesmith is free to appeal her failed attempt to overturn her sacking at the height of the Baby Peter affair, after a judge issued a scathing criticism of the conduct of former children’s secretary Ed Balls, and threw out all but a fraction of his claims for legal costs.”

Full story

The Guardian, 1st September 2010

Source: www.guardian.co.uk

High UK legal costs deter challenges to environmental damage, UN warns – The Guardian

“The government is making it too expensive for campaigners to take environmental planning battles through UK courts, a UN tribunal has warned.”

Full story

The Guardian, 27th August 2010

Source: www.guardian.co.uk

VHCC Scheme from July 2010 – The Bar Council

“The criminal Very High Cost Cases (VHCC) Panel Scheme expired on the 13th July and has been replaced with an individual case contract arrangement.”

Full story

The Bar Council, 11th August 2010

Source: www.barcouncil.org.uk

Hoist UK Ltd v Reid Lifting Ltd – WLR Daily

Hoist UK Ltd v Reid Lifting Ltd; [2010] EWHC 1922 (Ch); [2010] WLR (D) 215

“CPR r 38.5(3) should be construed as meaning that discontinuance did not affect any proceedings to deal with any question of costs, whether or not such proceedings had already been commenced at the date of discontinuance.”

WLR Daily, 30th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Orlando Figes to pay fake Amazon review damages – BBC News

“A leading historian who wrote anonymous reviews on the Amazon website praising his own work and criticising rivals is to pay libel damages and costs.”

Full story

BBC News, 17th July 2010

Source: www.bbc.co.uk

Serious Organised Crime Agency v Gale and another – WLR Daily

Serious Organised Crime Agency v Gale and another [2010] EWCA Civ 759; [2010] WLR (D) 179

“The costs incurred by an enforcement authority, such as the Serious Organised Crime Agency, in paying an interim receiver to investigate the defendant’s finances and assemble that material as the basis for civil recovery proceedings constituted costs of the litigation.”

WLR Daily, 13th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Judge kicks out £4.3m case against Rooney – The Independent

“Wayne Rooney today defeated attempts to sue him for £4.3 million. The Manchester United and England striker was accused of withholding commission on multi-million pound deals brokered by sports management firm Proactive, who used to represent him.”

Full story

The Independent, 15th July 2010

Source: www.independent.co.uk

A fake eBay bidder in County Durham must pay £5,000 – BBC news

“The first eBay seller to be prosecuted for bidding in his own auctions to boost prices has been ordered to pay nearly £5,000 in fines and costs.”

Full story

BBC News, 5th July 2010

Source: www.bbc.co.uk

Government rules out appealing defence costs cap judgment – Law Society’s Gazette

“The Law Society has welcomed the government’s decision not to appeal against Chancery Lane’s recent court victory in defeating the previous administration’s plans to make acquitted defendants pay most of the costs of their own defence.”

Full story

Law Society’s Gazette, 7th July 2010

Source: www.lawgazette.co.uk

Gibbon v Manchester City Council; L G Blower Specialist Bricklayer Ltd; Reeves and another – WLR Daily

Gibbon v Manchester City Council; L G Blower Specialist Bricklayer Ltd; Reeves and another [2010] EWCA Civ 726; [2010] WLR (D) 161

“Although basic concepts of offer and acceptance clearly underpinned CPR Pt 36 it should not be understood as incorporating all the rules of law governing the formation of contracts; rather it should be read and understood according to its terms without importing other rules derived from the general law, save where that was clearly intended.”

WLR Daily, 28th June 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Fraudster claimed disability benefits while playing football – Daily Telegraph

“A man who claimed benefits worth thousands of pounds by saying he could not walk without a stick was caught on camera running around a pitch playing football.”

Full story

Daily Telegraph, 24th June 2010

Source: www.telegraph.co.uk

Libel case over ‘faked’ Channel 4 Jackson family documentary dropped – The Guardian

“Channel 4 has spent £1.7m defending a ‘vainglorious’ libel action over allegations it faked a documentary about Michael Jackson’s family moving to Devon.”

Full story

The Guardian, 21st June 2010

Source: www.guardian.co.uk


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