Archive for the 'fees' Category

BSB gives go ahead for barristers to sue solicitors over fees – Law Society’s Gazette

“The Bar Standards Board has given the green light for the introduction of standard contractual terms that will enable barristers to sue solicitors for unpaid fees.”

Full story

Law Society’s Gazette, 5th May 2011

Source: www.lawgazette.co.uk

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

Beware of cut-price offers when you come to making your will – The Guardian

“We are told that writing a will is vital to secure the future of our loved ones. But many who set out with all the best of intentions, find that what should be a simple act is frustrated by ‘glaring errors’, pressure-selling, and over-inflated fees, according to the Law Society.”

Full story

The Guardian, 17th April 2011

Source: www.guardian.co.uk

Lawyers claim £645 million family breakdown legal aid bill – Daily Telegraph

“Legal aid lawyers are making £645 million from taxpayers over family breakdowns each year – £28 for every household in England and Wales.”

Full story

Daily Telegraph, 17th April 2011

Source: www.telegraph.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

Ing Bank NV v Ros Roca SA – WLR Daily

Ing Bank NV v Ros Roca SA [2011] EWCA Civ 353; [2011] WLR (D) 122

“A shared assumption on the facts surrounding a disputed fee agreement between a company and a bank acting as financial adviser, which was not reflected in the agreement, that the fees would not be calculated with reference to a particular ratio mentioned in the agreement, was enough to found an estoppel by convention so as to prevent the bank claiming a fee based on the disputed ratio.”

WLR Daily, 31st March 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.

European Commission v Italian Republic – WLR Daily

European Commission v Italian Republic (Case C-565/08); [2011] WLR (D) 118

“Mandatory national provisions obliging lawyers to comply with maximum tariffs, in all cases where there was no conditional fee agreement or no special agreement between lawyer and client, were not contrary to articles 43EC and 49EC of the EC Treaty.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

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

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

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

Lawyers in civil cases face bonus cap – The Guardian

“The government will next week announce a clampdown on ‘fat cat’ lawyers in civil cases by capping bonuses and tackling what ministers describe as the perverse position in which lawyers can be awarded a greater proportion of payouts than claimants.”

Full story

The Guardian, 25th March 2011

Source: www.guardian.co.uk

Telefónica Móviles España SA v Administración del Estado, Secretaría de Estado de Telecomunicaciones – WLR Daily

Telefónica Móviles España SA v Administración del Estado, Secretaría de Estado de Telecomunicaciones (Case C-85/10);  [2011] WLR (D)  102

“National legislation that provided for a fee to be levied on operators of telecommunications services holding individual licences for the use of radio frequencies, but which did not allocate a specific use to the income derived from that fee, and which significantly increased the fee for a particular technology, was not precluded by article 11(2) of Directive 97/13/EC.”

WLR Daily, 10th March 2011

Source: www.iclr.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 advice ‘too expensive’ warns bar regulator’s chair – Law Society’s Gazette

“Legal advice is ‘too expensive’ and has ‘moved out of reach of the middle classes,’ the chair of the Bar Standards Board said this week.”

Full story

Law Society’s Gazette, 23rd March 2011

Source: www.lawgazette.co.uk

Family lawyers face up to challenges ahead – Law Society’s Gazette

“Family law is facing an unprecedented year of change, with practitioners under intense pressure to be innovative if they want to maintain the viability of their practices. Some family law departments are already downsizing, or are being closed, as experienced practitioners move firms or set up their own niche practices. However, others are embracing change and are among their firms’ top teams in terms of fee income and profitability.”

Full story

Law Society’s Gazette, 17th March 2011

Source: www.lawgazette.co.uk

Miners’ compensation: why did some solicitors take too big a slice of the pie? – The Guardian

“Despite delivering £4bn for sick miners and their families, exploitation by some solicitors cast a shadow over the profession.”

Full story

The Guardian, 8th March 2011

Source: www.guardian.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.

Landmark judgment highlights retainer letter lapse – Law Society’s Gazette

“A High Court judge warned solicitors of the need to be clear in retainer letters, as he ruled that a firm had breached its contract by refusing to carry out further work for a client until he had paid his bills, in a decision that the judge admitted ‘may seem harsh’.”

Full story

Law Society’s Gazette, 3rd March 2011

Source: www.lawgazette.co.uk

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

Bar leaders warn of impact of tuition hikes on diversity – Legal Week

“Leading figures at the Bar including former Lord Chancellor Lord Falconer, Bar council chairman Nicholas Green QC and chair of the Bar Standards Board Baroness Ruth Deech have called for the Bar to take action to improve diversity in anticipation of hikes in university tuition fees.”

Full story

Legal Week, 24th February 2011

Source: www.legalweek.com

Tuition fees: Teenagers seek human rights judicial review – The Guardian

“Two teenagers are seeking a judicial review into the government’s decision to allow university tuition fees to almost treble to up to £9,000 from next year.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.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

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

Chief Constable of South Yorkshire Police v Information Commissioner – WLR Daily

Chief Constable of South Yorkshire Police v Information Commissioner [2011] EWHC 44 (Admin); [2011] WLR (D) 19

“In estimating whether the cost of complying with a request for information would exceed the appropriate limit for the purposes of claiming exemption from the obligation to comply in reliance on section 12 of the Freedom of Information Act 2000, a public authority was not permitted by regulation 4 of the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 to take account of time which it expected to spend in redacting exempt information from relevant documents before disclosing them to the applicant.”

WLR Daily, 27th 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

Reforms set out for employment tribunals – The Independent

“The Government today put forward plans to increase the qualifying period for unfair dismissal claims from one to two years and suggested fees for taking employment tribunal cases under plans to reform the system.”

Full story

The Independent, 27th January 2011

Source: www.independent.co.uk

European court deals blow to no win, no fee deals in Naomi Campbell case – The Guardian

“The European court of human rights today (18 January) unanimously ruled that the recovery of success fees by lawyers in privacy and defamation cases represents a significant violation of freedom of expression, in a case brought by the publisher of the Daily Mirror.”

Full story

The Guardian, 18th January 2011

Source: www.guardian.co.uk

Related link: Full judgment: Mirror Group News v UK

Libel success fees – myth and reality – Law Society’s Gazette

“There is a myth that claimant libel lawyers win almost every libel case they bring and charge double their fees, which must be paid by the defendant, usually a media organisation. The reality is very different.”

Full story

Law Society’s Gazette, 13th January 2011

Source: www.lawgazette.co.uk

Tuition fees rise ‘contravenes human rights law’ – The Guardian

“Allowing universities to charge students up to £9,000 a year is contrary to human rights law, according to a legal opinion published today.”

Full story

The Guardian, 16th December 2010

Source: www.guardian.co.uk

Legal aid solicitors overpaid by £77m – Law Society’s Gazette

“Legal aid solicitors have been overpaid by almost £77m, according to a report published today by public spending watchdog, the National Audit Office.”

Full story

Law Society’s Gazette, 30th November 2010

Source: www.lawgazette.co.uk

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

Miners’ compensation claims website under investigation by MoJ – Law Society’s Gazette

“A no win, no fee website set up to farm former coal miners’ undersettlement claims is being investigated by the government claims regulator, the Gazette has learned.”

Full story

Law Society’s Gazette, 11th November 2010

Source: www.lawgazette.co.uk

Ombudsman to investigate complaints against LSC – Law Society’s Gazette

“The Parliamentary Ombudsman is to investigate complaints of maladministration made against the Legal Services Commission by the Law Society and several law firms over its late claims to recoup payments made on account.”

Full story

Law Society’s Gazette, 4th November 2010

Source: www.lawgazette.co.uk

Higher court fees risk putting councils off care proceedings – The Guardian

“Cash-strapped councils could decide to give violent or neglectful parents one more chance rather than go to court.”

Full story

The Guardian, 28th October 2010

Source: www.guardian.co.uk

Lawyer fees could come out of client’s damages – Daily Telegraph

“Lawyers fighting civil actions may be handed a cut of their client’s damages for the first time in a bid to cut frivolous claims, the Justice Secretary has signalled.”

Full story

Daily Telegraph, 27th October 2010

Source: www.telegraph.co.uk

College of Law backs proposals to open up tuition fees market – Legal Week

“The College of Law has thrown its support behind Lord Browne’s review of student funding, which could see the removal of the cap on UK university fees.”

Full story

Legal Week, 12th October 2010

Source:www.legalweek.com

ACS:Law gets more of copyright fines than rights holders – The Guardian

“ACS:Law, the controversial London-based solicitors’ firm involved in making copyright claims, keeps about 40% of the payments made by alleged filesharers, while rights holders receive between 20% and 30%, research by the Guardian has revealed.”

Full story

The Guardian, 5th October 2010

Source: www.guardian.co.uk

Ambulance-chasing lawyers facing curbs in review of health and safety rules – Daily Telegraph

“A review of health and safety laws by a Tory peer is understood to recommend that the activities of personal injury and negligence lawyers should be curbed. The recommendation is one of 40 in a review of health and safety legislation by Lord Young of Graffham, a former trade secretary in Margaret Thatcher’s Government.”

Full story

Daily Telegraph, 1st October 2010

Source: www.telegraph.co.uk

Solicitors under fire from bar over referral fees – Law Society’s Gazette

“The new Criminal Bar Association chair has criticised solicitors for ‘abusing’ the referral fee arrangements for Crown court advocacy, claiming that solicitors are pocketing money for work done by barristers.”

Full story

Law Society’s Gazette, 9th September 2010

Source: www.lawgazette.co.uk

Proposed changes to the Practising Certificate Fee for 2011/12 – The Bar Council

“We [The Bar Council] would strongly encourage all barristers to read the attached note, which provides a detailed explanation of proposed changes to the Practising Certificate Fee for 2011/12. We would welcome feedback from all practitioners to 2011budget@barcouncil.org.uk.”

Explanatory Note

The Bar Council, 26th August 2010

Source: www.barcouncil.org.uk

Government to target no win, no fee legal deals – The Guardian

“High costs of conditional fee arrangements have become a ‘serious concern’ particularly in NHS clinical negligence cases.”

Full story

The Guardian, 26th July 2010

Source: www.guardian.co.uk

Government announces consultation on Jackson’s CFA reforms – Law Society’s Gazette

“No-win no-fee agreements will be the focus of a government consultation on Lord Justice Jackson’s proposals for reforming civil litigation costs, the government announced today.”

Full story

Law Society’s Gazette, 26th July 2010

Source: www.lawgazette.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

What will the Legal Services Board do about referral fees? – Law Society’s Gazette

“Is the referral fee debate over? Two reports submitted recently to the Legal Services Board (LSB) would make one think that it is, even though the board itself has still to reach a final decision.”

Full story

Law Society’s Gazette, 14th June 2010

Source: www.lawgazette.co.uk

MoJ admits drafting error in fee-capping regulations – Law Society’s Gazette

“Acquitted defendants can claim the full cost of private legal fees, after the Ministry of Justice admitted there is a drafting error in the regulations intended to implement its controversial policy to cap awards.”

Full story

Law Society’s Gazette, 3rd June 2010

Source: www.lawgazette.co.uk

Guidance to Advocates – Advocates Graduated Fees Reduction of 4.5% – The Bar Council

“The first tranche of 4.5% cuts to the Criminal legal aid took effect from the 27th April 2010. The Ministry of Justice (MoJ) have today informed the Bar Council that the Courts computer software will not be updated and accordingly, there will be a different claims process.”

Guidance to Advocates – Advocates Graduated Fees Reduction of 4.5% (Word)

The Bar Council, 14th May 2010

Source: www.barcouncil.org.uk

Barristers could have right to sue solicitors for unpaid fees – Law Society’s Gazette

“Barristers would be able to sue solicitors for unpaid fees under proposals published by the Bar Council last week to put the relationship between the two professions on a more commercial footing.”

Full story

Law Society’s Gazette, 6th May 2010

Source: www.lawgazette.co.uk

Bar Council Chairman Calls for Bar’s Voice to be Heard on Cuts – The Bar Council

“The Chairman of the Bar Council, which represents barristers in England and Wales, has reacted angrily to the deep cuts to publicly funded criminal barristers’ fees, which come into force today. From today, barristers’ fixed fees for criminal defence will be cut by a total of 13.5% over the next 3 years starting with an immediate cut of 4.5%. These cuts are contained in legislation rushed through Parliament by the Ministry of Justice the day after the Easter break, the same day the election was announced.”

Full story

The Bar Council, 27th April 2010

Source: www.barcouncil.org.uk

Next Step in the Bar Council’s Judicial Review on Legal Aid – The Bar Council

“The Bar Council and Criminal Bar Association have today issued a joint response to the Ministry of Justice Consultation ‘Legal Aid: Reforming Advocates Graduated Fees’.”

Full story

The Bar Council, 9th April 2010

Source: www.barcouncil.org.uk

Bar Council and CBA express outrage over legal aid cuts – The Bar Council

“The Chairman of the Bar Council and the Chairman of the CBA have written an open letter to the profession in response to the MoJ’s announcement of cuts to criminal legal aid fees.”

Full story

The Bar Council, 9th April 2010

Source: www.barcouncil.org.uk

Next Step in the Bar Council’s Judicial Review on Legal Aid – The Bar Council

“The Bar Council and Criminal Bar Association have today issued a joint response to the Ministry of Justice Consultation ‘Legal Aid: Reforming Advocates Graduated Fees.’ The response is available below, as is the letter from Bindmans sent on our behalf to the Treasury Solicitors.”

Full press release

The Bar Council, 1st April 2010

Source: www.barcouncil.org.uk

Reforming advocates’ graduated fees and very high cost cases – Ministry of Justice

“The Ministry of Justice and Legal Services Commission have today outlined new steps that aim to rebalance the legal aid budget, reduce costs and increase value for money for legal aid.”

Full story

Ministry of Justice, 6th April 2010

Source: www.justice.gov.uk

Bar offers legal aid ‘olive branch’ on criminal fee proposals – Law Society’s Gazette

“The Bar Council has offered the government an ‘olive branch’ to avoid judicial review proceedings if it withdraws the current criminal fee proposals and negotiates a way forward.”

Full story

Law Society’s Gazette, 1st April 2010

Source: www.lawgazette.co.uk

Jack Straw hopes to save libel reform measure after MPs rebel – The Guardian

“The justice secretary, Jack Straw, has said he hopes to save legislation to cut the size of the ‘no win no fee’ deals used by libel lawyers before the impending general election.”

Full story

The Guardian, 1st April 2010

Source: www.guardian.co.uk


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