“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.”
Law Society’s Gazette, 28th April 2011
Source: www.lawgazette.co.uk
from the Inner Temple Library
“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.”
Law Society’s Gazette, 28th April 2011
Source: www.lawgazette.co.uk
“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.”
Law Society’s Gazette, 21st April 2011
Source: www.lawgazette.co.uk
“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.”
Legal Week, 7th April 2011
Source: www.legalweek.com
“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.”
The Lawyer, 6th April 2011
Source: www.thelawyer.com
“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.”
Judiciary of England and Wales, 4th April 2011
Source: www.judiciary.gov.uk
“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.”
Ministry of Justice, 29th March 2011
Source: www.justice.gov.uk
“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.”
Ministry of Justice, 29th March 2011
Source: www.justice.gov.uk
“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.”
The Guardian, 30th March 2011
Source: www.guardian.co.uk
“Suing the NHS for medical negligence may become too costly in the wake of cuts to both legal aid and lawyers’ success fees.”
The Guardian, 29th March 2011
Source: www.guardian.co.uk
“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.”
The Guardian, 29th March 2011
Source: www.guardian.co.uk
“Controversial law firm ACS Law returned to court on Wednesday as the cases it brought against alleged file-sharers were officially closed.”
BBC News, 16th March 2011
Source: www.bbc.co.uk
“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.”
The Guardian, 17th March 2011
Source: www.guardian.co.uk
“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.”
Law Society’s Gazette, 15th March 2011
Source: www.lawgazette.co.uk
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.
“Justice ministry hopes to remove clinical negligence from legal aid and make claimants pay fees and premiums out of damages.”
The Guardian, 3rd March 2011
Source: www.guardian.co.uk
“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 (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.
“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.”
The Bar Council, 14th February 2011
Source: www.barcouncil.org.uk
“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.”
Law Society’s Gazette, 11th February 2011
Source: www.lawgazette.co.uk
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.
“Government proposals to modify Lord Jackson’s comprehensive package of civil litigation reforms would be a ‘disaster’, according to Lord Jackson.”
OUT-LAW.com, 2nd February 2011
Source: www.out-law.com
“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.”
The Independent, 1st February 2011
Source: www.independent.co.uk
“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.
“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.”
Law Society’s Gazette, 27th January 2011
Source: www.lawgazette.co.uk
“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.”
Law Society’s Gazette, 26th January 2011
Source: www.lawgazette.co.uk
“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.”
Law Society’s Gazette, 27th January 2011
Source: www.lawgazette.co.uk
“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.”
Judiciary of England & Wales, 20th January 2011
Source: www.judiciary.gov.uk
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 [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 [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
“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.
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.
“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.”
The Guardian, 10th November 2010
Source: www.guardian.co.uk
“A legal battle by the council director sacked over the death of Baby P has cost taxpayers nearly £500,000.”
BBC News, 8th November 2010
Source: www.bbc.co.uk
“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.”
Law Society’s Gazette, 8th November 2010
Source: www.lawgazette.co.uk
“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 former police officer Ali Dizaei paid just £750 towards the five-figure cost of putting him on trial, it can be disclosed today.”
Daily Telegraph, 16th October 2010
Source: www.telegraph.co.uk
“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.”
Law Society’s Gazette, 14th October 2010
Source: www.lawgazette.co.uk
“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.”
The Guardian, 7th October 2010
Source: www.guardian.co.uk
“A Kent breeder who kept dogs in ‘truly appalling’ conditions has been banned from keeping animals for life.”
BBC News, 9th September 2010
Source: www.bbc.co.uk
“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.”
The Guardian, 1st September 2010
Source: www.guardian.co.uk
“The government is making it too expensive for campaigners to take environmental planning battles through UK courts, a UN tribunal has warned.”
The Guardian, 27th August 2010
Source: www.guardian.co.uk
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.
“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.”
BBC News, 17th July 2010
Source: www.bbc.co.uk
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.
“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.”
The Independent, 15th July 2010
Source: www.independent.co.uk
“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.”
BBC News, 5th July 2010
Source: www.bbc.co.uk
“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.”
Law Society’s Gazette, 7th July 2010
Source: www.lawgazette.co.uk
“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.
“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.”
Daily Telegraph, 24th June 2010
Source: www.telegraph.co.uk
“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.”
The Guardian, 21st June 2010
Source: www.guardian.co.uk