Archive for 2014

  • 08/12/2014

    Legal Aid for Inquests Challenge

    In October this year Mrs. Justice Andrews, a High Court Judge, allowed a challenge to the Lord Chancellor’s guidance on inquest funding and on the grounds that the guidance was flawed and unlawful, gave permission to Joanna Letts to pursue a Judicial Review. Joanna Letts’ brother Christopher died in 2013, […]

  • 16/09/2014

    G (Adult), Re [2014] EWCOP 5 (10 June 2014)

    An application made by Associated Newspapers Limited (ANL) seeking to be joined as a party to the proceedings in the Court of Protection Re G (Adult), London Borough of Redbridge v G and Others [2014] EWCOP 1361 was dismissed and the parties were given permission to make written submissions on […]

  • 16/09/2014

    N & Anor v E & Ors [2014] EWCOP 27 (15 August)

    This judgement related primarily to the costs of the proceedings in the Court of Protection and, in particular, whether the Second Respondent should be made to pay her own costs or whether they should be assessed and paid from the estate. The Applicants (E’s children) applied o the court for, […]

  • 18/08/2014

    Americhem Europe Ltd v Rakem Ltd [2014] EWHC 1881 (TCC) (13 June 2014)

    The Defendant served  and filed its costs budget which was compliant in every aspect except that it was signed by the Costs Draftsman. Issues were raised that the Precedent H form had not been signed by a ‘senior legal representative’ and it was argued that this led to the form […]

  • 30/07/2014

    An Introduction to High Cost Case Plans

    Under Public Funding Certificates, High Cost Cases come into effect when the total costs of a case are estimated to exceed £25,000.00. It is important for solicitors to be aware of their on-going costs and to register a case as High Cost when the costs are still under £25,000.00 but […]

  • 17/07/2014

    London Borough of Bexley -v- V & Ors [2014] EWHC 2187 (Fam) (16 June 2014)

    This case related to Public Law proceeding in which the matter had been listed for a directions hearing due to the failure of the Local Authority (London Borough of Bexley) to comply with directions set out in the Order of 12 May 2014. The Local Authority failed to file their […]

  • 07/07/2014

    Denton v White & others; Decadent Vapours Limited v Bevan & others; Utilise TDS Limited v Cranstoun Davies & others [2014] EWCA Civ 906 (04 July 2014)

    The eagerly awaited Judgment in the above linked cases, which were directly affected by the Mitchell case, was finally handed down on 04 July, with the Court of Appeal agreeing unanimously that all three cases be allowed. Lord Dyson, Master of the Rolls, believed that the ruling in Mitchell had […]

  • 21/05/2014

    Peter Michael Knowles v Alastair Goldborn (T/A Mercian Marble) (2014) (LTL)

    This piece of case law was written by Robin Dunne. Robin is a Barrister at Clerksroom Chambers specialising in costs and litigation and general common law. For his contact details please click here. This was heard before HHJ Gregory in the Walsall County Court. C had issued part 8 proceedings […]

  • 21/05/2014

    Williams v Gergiou v Wayne Hardy (T/A Wayne Hardy Builders) SCCO (unreported), Senior Costs Judge

    This piece of case law was written by Robin Dunne. Robin is a Barrister at Clerksroom Chambers specialising in costs and litigation funding and general common law. For his contact details please click here. The senior costs judge disallowed the recovery of DA costs due to a failure to file […]

  • 21/05/2014

    Blankley v Manchester NHS Trust [2014] EWHC 168 (QB)

    This piece of case law was written by Robin Dunne. Robin is a Barrister at Clerksroom Chambers specialising in costs and litigation funding and general common law. For his contact details please click here. The high Court has held that a loss of capacity does not automatically terminate a retainer, […]

  • 24/04/2014

    New Civil & Family Court Fees From 22 April 2014

    The new EX50 Court form is now available and most notable is the increase in issue fees for most claims of £1500.01 and above. The fees for Directions/Allocation and Listing have been removed, as well as the fees for applications for non-molestation and occupation orders.

  • 09/04/2014

    Know Your Cost Limitation!!

    Below is a great article that Claire and Gina have written for The Solicitors Group In a previous article we highlighted the fact that well organised and tidy files can have an impact on how quickly you can receive payment from the Legal Aid Agency.  Another positive of having well […]

  • 01/04/2014

    Steps Challenge Week 1 by Lee Whitehead

    Last week saw the start of the Paramount Steps Challenge, with all of us split into two teams of five. Team Lee consists of yours truly, Karen, Christine, Martin and Gina. Team Tom includes the man himself, Julie, Claire, Sarah and Suzanne. It would be fair to say that our […]

  • 12/03/2014

    Burton v Cranfield Delta Whiskey Group, Senior Courts’ Office, Master Rowley, 18 November 2013

    The claim was resolved at trial in September 2012. In PODs filed in February 2013, the Defendant raised issue with the Claimant not serving an N251 when the Claimant’s solicitors had taken over from another firm which had served an N251. The error had been made some 15 months before […]

  • 12/03/2014

    (1) Mark Forstater (2) Mark Forstater Productions ltd v (1) Python (Monty) Pictures ltd (2) Freeway Cam (UK) LTD (2013) [2013] EWHC 3759 (Ch)

    The 2nd Claimant in this matter failed to serve a Formal Notice of Funding, however the Defendant had been notified of the funding arrangements informally on 19/07/12. The 2nd Claimant sought relief from sanctions which was granted from 19/07/12. The Judge noted the failure was a simple oversight. There had […]

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