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Damages-based Agreements
Contingency fees have been renamed DBAs by the government.
A contingency agreement provides that the successful lawyer will receive a direct share of the proceeds, while under a conditional fee agreement (CFA) with a success fee the lawyer receives..
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26 September 2011
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Volume 30 No. 9 - 26 September 2011
‘More advantageous’
In Carver v BAA Plc [2008] EWCA Civ 412, [2008] 3 All ER 911, the Court of Appeal held that the wording ‘more advantageous’ in CPR Part 36 is an open-textured phrase permitting a wide-ranging review of all the facts and circumstances of..
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26 September 2011
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Volume 30 No. 9 - 26 September 2011
Security
(1) Chemistree Homecare Ltd (2) Blackbay Ventures Ltd(3) Zanrex Ltd v Roche Products Ltd [2011] EWHC 1579 (Ch)
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26 September 2011
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Volume 30 No. 9 - 26 September 2011
Referral fees
The Legal Services Board concluded that there is no ‘purely regulatory case’ for an outright ban or proof that referral fees cause harm to consumers. As Frances Gibb put it in The Times ‘Lawyers will be free to pay hefty..
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26 September 2011
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Volume 30 No. 9 - 26 September 2011
Fixed fast track costs
Sir Rupert and his panel of assessors were unanimously of the view that they should try to achieve a fixed costs system in all fast track cases (Chapter 15 of the Final Report). He recommends there be a dual system (at least for now), under which..
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26 September 2011
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Volume 30 No. 8 - 26 September 2011
Fixed fast track costs
Sir Rupert and his panel of assessors were unanimously of the view that they should try to achieve a fixed costs system in all fast track cases (Chapter 15 of the Final Report). He recommends there be a dual system (at least for now), under which..
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26 September 2011
Appeared in issue:
Volume 30 No. 9 - 26 September 2011
After The Event Insurance
The Legal Aid, Sentencing and Punishment of Offenders Bill proposes that a new s58C ‘Recovery of insurance premiums by way of costs’ be inserted in CALS 1990 providing:
(1) A costs order made in favour of a party to proceedings who..
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26 September 2011
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Volume 30 No. 9 - 26 September 2011
After The Event Insurance
The Legal Aid, Sentencing and Punishment of Offenders Bill proposes that a new s58C ‘Recovery of insurance premiums by way of costs’ be inserted in CALS 1990 providing:
(1) A costs order made in favour of a party to proceedings who..
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26 September 2011
Appeared in issue:
Volume 30 No. 8 - 26 September 2011
Increase in general damages
To ensure that damages (which may be intended to cover future medical care) are not substantially eaten into by legal fees Sir Rupert recommends as a complementary measure that awards of general damages for pain, suffering and loss of amenity be..
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26 September 2011
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Volume 30 No. 8 - 26 September 2011
Increase in general damages
To ensure that damages (which may be intended to cover future medical care) are not substantially eaten into by legal fees Sir Rupert recommends as a complementary measure that awards of general damages for pain, suffering and loss of amenity be..
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26 September 2011
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Volume 30 No. 9 - 26 September 2011
Litigants in person
In Chapter 14 of his Final Report Sir Rupert observed that the hourly rate allowed to successful litigants in person had not been increased from £9.25 per hour from 1 December 1995. Applying the average earnings index for private sector..
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26 September 2011
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Volume 30 No. 9 - 26 September 2011
Litigants in person
In Chapter 14 of his Final Report Sir Rupert observed that the hourly rate allowed to successful litigants in person had not been increased from £9.25 per hour from 1 December 1995. Applying the average earnings index for private sector..
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26 September 2011
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Volume 30 No. 8 - 26 September 2011
CPR Part 36 payment of additional amount to successful claimant
This is Sir Rupert’s proposed encouragement to defendants, by way of a stick not a carrot, to accept reasonable offers by claimants by punishing failure to accept not only by increased costs but by increased damages if they reject an offer..
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26 September 2011
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Volume 30 No. 9 - 26 September 2011
CPR Part 36 payment of additional amount to successful claimant
This is Sir Rupert’s proposed encouragement to defendants, by way of a stick not a carrot, to accept reasonable offers by claimants by punishing failure to accept not only by increased costs but by increased damages if they reject an offer..
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26 September 2011
Appeared in issue:
Volume 30 No. 8 - 26 September 2011
6th and 57th Update October 2011
The 56th Update to the Civil Procedure Rules contained only one amendment which was an extension of the Automatic Orders Pilot (Practice Direction 51B) to 30 September 2011. The pilot is extended again in the 57th Update to 31 March 2012.
The 57th..
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26 September 2011
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Volume 30 No. 9 - 26 September 2011
6th and 57th Update October 2011
The 56th Update to the Civil Procedure Rules contained only one amendment which was an extension of the Automatic Orders Pilot (Practice Direction 51B) to 30 September 2011. The pilot is extended again in the 57th Update to 31 March 2012.
The 57th..
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26 September 2011
Appeared in issue:
Volume 30 No. 8 - 26 September 2011
Qualified One Way Costs Shifting (QOCS) in PI claims
Under QOCS the claimant will not be required to pay the defendant’s costs if the claim is unsuccessful, but the defendant will be required to pay the claimant’s costs if it is successful.
According to Sir Rupert a person who has a..
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26 September 2011
Appeared in issue:
Volume 30 No. 9 - 26 September 2011
Qualified One Way Costs Shifting (QOCS) in PI claims
Under QOCS the claimant will not be required to pay the defendant’s costs if the claim is unsuccessful, but the defendant will be required to pay the claimant’s costs if it is successful.
According to Sir Rupert a person who has a..
Online Published Date:
26 September 2011
Appeared in issue:
Volume 30 No. 8 - 26 September 2011
No Order
(1) Camertown Timber Merchants Ltd (2) Gurpartat Singh Bhullar v (1) Sabrinder Singh Sidhu (2) Kas & Co Ltd [2011] EWCA Civ 1041 8 September
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26 September 2011
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Volume 30 No. 9 - 26 September 2011
No Order
(1) Camertown Timber Merchants Ltd (2) Gurpartat Singh Bhullar v (1) Sabrinder Singh Sidhu (2) Kas & Co Ltd [2011] EWCA Civ 1041 8 September
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26 September 2011
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Volume 30 No. 8 - 26 September 2011
Costs Council
For any fixed costs regime to be fair it must of course incorporate an escape clause for truly exceptional circumstances and the amounts must be kept constantly under review. In the executive summary of his Final Report, Sir Rupert said that if a..
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26 September 2011
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Volume 30 No. 9 - 26 September 2011
Costs Council
For any fixed costs regime to be fair it must of course incorporate an escape clause for truly exceptional circumstances and the amounts must be kept constantly under review. In the executive summary of his Final Report, Sir Rupert said that if a..
Online Published Date:
26 September 2011
Appeared in issue:
Volume 30 No. 8 - 26 September 2011
CFA success fees
Clause 41 of the Legal Aid, Sentencing and Punishment of Offenders Bill headed ‘Conditional fee agreements: success fees’ amends ss58 and 58A of the Courts and Legal Services Act 1990. The key is a new subsection (6) to..
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26 September 2011
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Volume 30 No. 9 - 26 September 2011
CFA success fees
Clause 41 of the Legal Aid, Sentencing and Punishment of Offenders Bill headed ‘Conditional fee agreements: success fees’ amends ss58 and 58A of the Courts and Legal Services Act 1990. The key is a new subsection (6) to..
Online Published Date:
26 September 2011
Appeared in issue:
Volume 30 No. 8 - 26 September 2011
Alternative Business Structures
Justice Secretary Kenneth Clarke intends that from 6 October Alternative Business Structures (ABS) will be of benefit both to the economy and the profession. By introducing new ways for legal businesses to grow through ABS, this will allow..
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26 September 2011
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Volume 30 No. 9 - 26 September 2011
Alternative Business Structures
Justice Secretary Kenneth Clarke intends that from 6 October Alternative Business Structures (ABS) will be of benefit both to the economy and the profession. By introducing new ways for legal businesses to grow through ABS, this will allow..
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26 September 2011
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Volume 30 No. 8 - 26 September 2011
Implementation
In the Foreword to his Final Report Sir Rupert described his proposals as ‘a coherent package of interlocking reforms’ and it is clear that he intends that if possible all his proposals will have been implemented by October 2012 either..
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26 September 2011
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Volume 30 No. 8 - 26 September 2011
Implementation
In the Foreword to his Final Report Sir Rupert described his proposals as ‘a coherent package of interlocking reforms’ and it is clear that he intends that if possible all his proposals will have been implemented by October 2012 either..
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26 September 2011
Appeared in issue:
Volume 30 No. 9 - 26 September 2011
Without notice application horror
KY v DD Lawtel Fam Div (Theis J) 23 May
Online Published Date:
26 September 2011
Appeared in issue:
Volume 30 No. 9 - 26 September 2011
Without notice application horror
KY v DD Lawtel Fam Div (Theis J) 23 May
Online Published Date:
26 September 2011
Appeared in issue:
Volume 30 No. 8 - 26 September 2011
Negligent valuation of shopping centre
Capita Alternative Fund Services (Guernsey) Ltd (Formerly Royal & Sunalliance Trust (Channel Islands) Ltd (2) Matrix-Securities Ltd v Drivers Jonas (A Firm) [2011] EWHC 2336 (Comm) 9 September
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26 September 2011
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Volume 30 No. 8 - 26 September 2011
Negligent valuation of shopping centre
Capita Alternative Fund Services (Guernsey) Ltd (Formerly Royal & Sunalliance Trust (Channel Islands) Ltd (2) Matrix-Securities Ltd v Drivers Jonas (A Firm) [2011] EWHC 2336 (Comm) 9 September
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26 September 2011
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Volume 30 No. 9 - 26 September 2011
What compensation culture?
A report from the Association of British Insurers alleges that Britain has a ‘have a go’ compensation culture. Fuelled by ambulance chasing lawyers.
Law Society chief executive Desmond Hudson responded:
‘The claim that there..
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26 September 2011
Appeared in issue:
Volume 30 No. 9 - 26 September 2011
What compensation culture?
A report from the Association of British Insurers alleges that Britain has a ‘have a go’ compensation culture. Fuelled by ambulance chasing lawyers.
Law Society chief executive Desmond Hudson responded:
‘The claim that there..
Online Published Date:
26 September 2011
Appeared in issue:
Volume 30 No. 8 - 26 September 2011
Date of knowledge Sir Robert Lloyd & Co Ltd & Ors v Bernard Hoey [2011] EWCA Civ 1060 9 September
The claimant was a 79-year-old man who had been exposed to asbestos in the course of his employment. He pleaded injury based on a 2008 diagnosis was ‘bilateral diffuse pleural thickening and a large area of folded lung’. He had first..
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26 September 2011
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Volume 30 No. 8 - 26 September 2011
Date of knowledge Sir Robert Lloyd & Co Ltd & Ors v Bernard Hoey [2011] EWCA Civ 1060 9 September
The claimant was a 79-year-old man who had been exposed to asbestos in the course of his employment. He pleaded injury based on a 2008 diagnosis was ‘bilateral diffuse pleural thickening and a large area of folded lung’. He had first..
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26 September 2011
Appeared in issue:
Volume 30 No. 9 - 26 September 2011
Wasted costs in Tribunal
Wilsons Solicitors (In a matter of wasted costs) v (1) Craig & Sybil Johnson (2) BTSTU Ltd (In Liquidation) (3) BTS Group Ltd (4) Alexander McCallum (2011) EAT 20 May 2011
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26 September 2011
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Volume 30 No. 9 - 26 September 2011
Wasted costs in Tribunal
Wilsons Solicitors (In a matter of wasted costs) v (1) Craig & Sybil Johnson (2) BTSTU Ltd (In Liquidation) (3) BTS Group Ltd (4) Alexander McCallum (2011) EAT 20 May 2011
Online Published Date:
26 September 2011
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Volume 30 No. 8 - 26 September 2011
Findings
The views expressed on the pilot by those working in the pilot courts and comments from the wider public on the BAILII website indicate support for greater transparency and better public understanding of the family justice system. However, the pilot..
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26 September 2011
Appeared in issue:
Volume 30 No. 8 - 26 September 2011
Findings
The views expressed on the pilot by those working in the pilot courts and comments from the wider public on the BAILII website indicate support for greater transparency and better public understanding of the family justice system. However, the pilot..
Online Published Date:
26 September 2011
Appeared in issue:
Volume 30 No. 9 - 26 September 2011
County Court or High Court?
AS Watson (Health & Beauty Continental Europe) BV & Ors v Boots Co Plc & Ors (2011) 9 September
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26 September 2011
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Volume 30 No. 9 - 26 September 2011
County Court or High Court?
AS Watson (Health & Beauty Continental Europe) BV & Ors v Boots Co Plc & Ors (2011) 9 September
Online Published Date:
26 September 2011
Appeared in issue:
Volume 30 No. 8 - 26 September 2011
Family Courts Information Pilot
The pilot ran from November 2009 to December 2010. It was designed to test the feasibility of providing written judgments to parties in certain types of family cases and posting anonymised versions on a public website, the British and Irish Legal..
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26 September 2011
Appeared in issue:
Volume 30 No. 8 - 26 September 2011
Family Courts Information Pilot
The pilot ran from November 2009 to December 2010. It was designed to test the feasibility of providing written judgments to parties in certain types of family cases and posting anonymised versions on a public website, the British and Irish Legal..
Online Published Date:
26 September 2011
Appeared in issue:
Volume 30 No. 9 - 26 September 2011
Part 36 or Calderbank letter?
(1) Medway Primary Care Trust (2) Ashiq Hussain v Sebastian Marcus [2011] EWCA Civ 750 29 June
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26 September 2011
Appeared in issue:
Volume 30 No. 9 - 26 September 2011
Part 36 or Calderbank letter?
(1) Medway Primary Care Trust (2) Ashiq Hussain v Sebastian Marcus [2011] EWCA Civ 750 29 June
Online Published Date:
26 September 2011
Appeared in issue:
Volume 30 No. 8 - 26 September 2011
Cohabitation reform (Not)
Written statement, issued on behalf of Justice Minister Jonathan Djanogly:
‘The Law Commission published its report on 31 July 2007 but no action was taken by the previous administration who wished to first seek research findings on the..
Online Published Date:
26 September 2011
Appeared in issue:
Volume 30 No. 8 - 26 September 2011
Cohabitation reform (Not)
Written statement, issued on behalf of Justice Minister Jonathan Djanogly:
‘The Law Commission published its report on 31 July 2007 but no action was taken by the previous administration who wished to first seek research findings on the..
Online Published Date:
26 September 2011
Appeared in issue:
Volume 30 No. 9 - 26 September 2011
Conclusion
The judge concluded that although the practical application of the costs capping system in the PCC was always going to raise issues to be addressed none of the issues raised so far under this first assessment under the scheme are particularly..
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26 September 2011
Appeared in issue:
Volume 30 No. 9 - 26 September 2011
Conclusion
The judge concluded that although the practical application of the costs capping system in the PCC was always going to raise issues to be addressed none of the issues raised so far under this first assessment under the scheme are particularly..
Online Published Date:
26 September 2011
Appeared in issue:
Volume 30 No. 8 - 26 September 2011
Television Cameras in Court
In a Written Ministerial Statement of 6 September Lord Chancellor and Justice Secretary Kenneth Clarke said he would legislate as soon as parliamentary time allows to remove the legal restrictions on filming in court. He said: ‘The Government..
Online Published Date:
26 September 2011
Appeared in issue:
Volume 30 No. 9 - 26 September 2011
Television Cameras in Court
In a Written Ministerial Statement of 6 September Lord Chancellor and Justice Secretary Kenneth Clarke said he would legislate as soon as parliamentary time allows to remove the legal restrictions on filming in court. He said: ‘The Government..
Online Published Date:
26 September 2011
Appeared in issue:
Volume 30 No. 8 - 26 September 2011
Patents County Court Guidance
Westwood v Knight [2011] EWPCC 011 Case No: OCL 70100 was the first trial heard under the new rules of procedure in the Patents County Court and it was also the first time the new costs capping provisions fell to be applied to the conduct of (more..
Online Published Date:
26 September 2011
Appeared in issue:
Volume 30 No. 9 - 26 September 2011
Patents County Court Guidance
Westwood v Knight [2011] EWPCC 011 Case No: OCL 70100 was the first trial heard under the new rules of procedure in the Patents County Court and it was also the first time the new costs capping provisions fell to be applied to the conduct of (more..
Online Published Date:
26 September 2011
Appeared in issue:
Volume 30 No. 8 - 26 September 2011