Quantcast
Channel: law, less ordinary - legal opinions from Browne Jacobson » Nichola Evans
Browsing latest articles
Browse All 37 View Live

Jackson review takes centre stage again

The Government has announced a consultation on implementing the recommendations outlined in Lord Justice Jackson’s review of civil litigation costs. The main thrust of this will be to review CFAs and...

View Article



When it is a contract not a contract?

When the parties are confused as to who had the authority to enter into the contract and the method of concluding the same. Everton FC brought a claim arising out of an alleged contract for the club to...

View Article

Due care and attention!

A contract claim where the terms and conditions states “subject to English Law and practice” does not necessarily confer jurisdiction to the English courts. In Mujur Bakat SDN BHD v Uni Asia General...

View Article

Cost concerns as justice reform consultation reaches critical stage

The Ministry of Justice’s latest consultation on proposals to further reform the civil justice system in England and Wales could be a mixed blessing for insurers and other defendants. Amongst the...

View Article

The waiting game

The process of reforming the legal funding regime began in earnest today with the publication of the Legal Aid, Sentencing and Punishment of Offenders Bill. Well we’ve waited and waited and now we’ve...

View Article


A costly interest

A rather robust judgment has been given in the High Court on the scope of the court to make costs orders against non-parties. In a piece of litigation where Judgment had been given five years earlier,...

View Article

CJC working party to progress civil litigation reforms

The Civil Justice Council are to put together a working party to develop practical proposals on the back of the Government’s plans following Lord Justice Jackson’s review of civil litigation costs. The...

View Article

Riot damage claims

Disturbances in London and major cities is expected to cost the country around £200 million. While domestic and many commercial insurance policies will provide cover, the Riot Damages Act is broadly...

View Article


Will judges project manage cases and costs?

On 1st October Practice Direction 51G Costs Management in the Mercantile Courts and the Technology and Construction Courts will come into force. Despite its less than catchy title, this will have...

View Article


More advantageous for me or for you? – Amendments to Part 36

On 1st October the 57th update to the Civil Procedure Rules comes into force. The 57th version seeks to bring uniformity and clarity to the meaning of “more advantageous” and “at least as advantageous”...

View Article

Reasonable reward for reasonable risk

The case of Fortune v Roe has re-visited the question of success fees and what the correct success fee ought to be if certain risks are removed from the litigation. In this case the Claimant had been...

View Article

Civil litigation reforms – the debate rages on!

The Ministry of Justice has finally announced its proposals following its County Court consultation last year. The Small Claims limit goes up to £10,000. There will be mandatory mediation sessions in...

View Article

Cost Budgeting

How would you feel if you were told “the good news is that you won your case against The Sun but the bad news is that you are now £300,000 out of pocket?”. Well that’s what happened recently to a...

View Article


Court sets key date for 10% increase in general damages

The Court of Appeal has today addressed one of the proposals made by Lord Justice Jackson in his report namely the suggested 10% increase in general damages. After much debate as to how this...

View Article

Legal costs warning over regulation breach

A county court judge has recently ruled that where a conditional fee agreement is signed at the claimant’s home or place of work and there is no “cooling off” period in the contract for cancellation...

View Article


New CPR rules on QOCS published

Well after all the waiting the new Rules are now available on the legislation website. We now have the details on qualified one-way costs shifting (QOCS) in the new Part 44. There are new rules...

View Article

High cost case management concerns misleading

Media stories suggesting high-cost cases are to escape new management rules do not depict a true picture. Costs management is a crucial part of the Jackson reforms. It is suggested that the civil...

View Article


Court rejects APIL’s RTA portal fee case

APIL’s attempt to judicially review the government’s decision to reduce RTA portal fees was rejected by the High Court on 1 March. The judges gave short shrift to the arguments advanced by APIL and...

View Article

A failed attempt to provide litigants in person guidance to pursue a small claim

The Civil Justice Council has provided a guide for litigants in person (LiPs) that supposedly “works through” the process of bringing and defending a small claim. With the legal aid cuts this should be...

View Article

Solicitors given green light to fund claims

The Court of Appeal has ruled in Flatman v Germany that a solicitor funding a disbursement does not mean they become a ‘real party’ to the litigation and therefore liable to meet the costs of...

View Article

When can a cost budget be revised post 1 April 2013?

The claimants’ solicitor entered into a conditional fee agreement (CFA) which provided for a success fee and after the event (ATE) insurance. The defendant argued that the claimant’s approved costs...

View Article


Cost budgeting – will the courts take a hard or a soft line?

Last month the High Court ruled that Andrew Mitchell would have his legal spend restricted to court costs only in his defamation case arising from the ‘plebgate’ scandal against The Sun following his...

View Article


London riots – who pays?

Two insurers, Tokio Marine and Mitsui Sumitomo, paid out £49.5M to Sony following the riots in London in 2011 when Sony’s warehouse was looted and burnt down. The insurers sought to recover their...

View Article

Deal or no deal?

What is the situation if most but not all of the terms of an agreement are reached? Do you have a contract or not? In the case of Proton Energy Group SA v Orlen Lietuva, HHJ Mackie looked at the...

View Article

Attention turns to court for cost budget clarity

In the case of The Board of Trustees of National Museums and Galleries on Merseyside and Another v AEW Architects and Designers Limited and Another initial cost budgets were approved by the court but...

View Article


Think carefully but timely when making and amending a claim

In Co-operative Group v Birse Developments and others, Co-op originally sought damages for the cost of repairing its concrete slab flooring laid by Birse. In October 2012, Co-op amended its claim,...

View Article

No relief from sanction….

If the recent messages from the Court of Appeal haven’t made it clear that the courts are taking a hard line approach to the Jackson reforms, we now have a decision from the Senior Courts Cost Office...

View Article

How many witnesses does it take to make a trial?

The Jackson reforms were designed so that courts take a firm hold on cases and actively manage them. In the case of Donald Maclennan v Morgan Sindall (Infrastructure) PLC Mr Justice Green was faced...

View Article

In good time

A High Court judge has given further guidance as to the extent of the Mitchell judgment. In the case of Guidezone Limited v Kenena and 5 others, the Court was faced with the situation where a defence...

View Article



Guidance on Jackson’s strict approach to non-compliance

The judgment of the Court of Appeal in Mitchell together with further decisions relating to how breaches of the Rules, Practice Directions and Orders ought to be dealt with led to some uncertainty as...

View Article

When is a cost budget not a cost budget?

Many law firms request cost lawyers to complete cost budgets for their clients and indeed sign off those cost budgets. However the Rules state that a cost budget should be signed off by a ‘senior legal...

View Article

Another day, another Mitchell decision…

Another day, another interpretation of Mitchell. In the case of Scotbert Gordon v Osra Fraser (No.1) (2014) the court was faced with the situation where the parties had extended time for service of...

View Article

More reform?

The Transport Committee has just released its fourth report since 2010 looking at the cost of motor insurance. In its thirteen conclusions and recommendations there are a number of issues insurers need...

View Article


The Double Freeze: when two freezing orders are better than one

The English courts have granted GFH Capital an additional freezing order against its former employee and former Leeds United Managing Director, David Haigh, in GFH Capital Ltd v David Haigh (2014). It...

View Article

DBAs: no change for now

For quite some time commentators have been suggesting that the Government should re-visit the arena of Damages Based Agreements (DBAs) and allow a ‘hybrid agreement’ of a no win, low fee arrangement...

View Article

When lawyers use too many words…

The Commercial Court firmly believes that pleadings should be precise and to the point, with the Commercial Court Guide specifically stating that statements of case should be no more than 25 pages long...

View Article


Get your evidence in order…

Cases on relief from sanctions are like buses – you wait ages for one and then two come at once. Following on from Waterman Transport Services Limited v Torchwood Properties Limited, the courts have...

View Article

Browsing latest articles
Browse All 37 View Live




Latest Images