Readers of a certain age, such as the author, will remember football pool orders. A losing plaintiff (as a claimant then was), whose personal injury claim had been run on legal aid, was protected against having to pay out any costs by the magic words: “order not to be enforced without the leave of the court”. Continue reading
At the start of July, the Solicitors Regulation Authority (SRA) announced plans to change its indemnity insurance rules to make it easier for firms to switch their regulator for the purposes of professional indemnity insurance. The aim of this change, which follows a period of consultation, is to improve competition in the market, whilst ensuring that the public remain protected. Continue reading
On 27 July 2017, the Solicitors Regulation Authority (SRA) launched a consultation on its new three-year corporate strategy for 2017-2020, which is open until 21 September. Continue reading
The test for showing that a respondent to an application for a freezing injunction has assets caught by the order has been “somewhat less than certain”. It has now been clarified by the Court of Appeal, in Ras Al Khaimah Investment Authority v Bestfort Development LLP. I want to look at three practical tips on handling this issue, drawn from the appeal and first instance judgments: the aim being to obtain and maintain a nuclear weapon, and to avoid the nuclear winter a failed application or set-aside order can create. Continue reading
A Solicitors Act charge is a tool that solicitors can utilise to recover their costs against a client, where exercising a lien is unavailable, inappropriate or ineffective. Continue reading
The Court of Appeal’s recent ruling in Harrison v University Hospitals Coventry & Warwickshire NHS Trust was not so much a gentle nudge to solicitors on the importance of costs budgeting, but a sharp elbow in the ribs. Continue reading
Today Jackson LJ’s Supplemental Report on Fixed Recoverable Costs was published and is available here.
This will now be subject to consultation by the government, and so these are proposals at this stage.
Whatever comes in is likely to be on 1 October 2018. Continue reading
Beverley Barton, one of the editors in the Practical Law Dispute Resolution team, was delighted to have the opportunity to catch up with Susan Acland-Hood, Chief Executive of Her Majesty’s Courts and Tribunals Service.
In Part One of a series of blogs, Susan talked about some of the challenges she faces in her role, and the skills that equip her for the task. In Part Two, she discussed some of her impressions of the civil justice system, and the role it has to play in society as a whole. In Part Three, she provides an update on the courts modernisation programme. Continue reading
The facts
In 2006, Swynson Ltd proposed to lend £15m to finance a management buy-out. It instructed Lowick Rose LLP (then called Hurst, Morrison Thomson (HMT)) to carry out due diligence on the target company. HMT did so negligently. But for its negligence, the loan would not have been made. Continue reading
A voluntary two year capped costs pilot scheme for High Court cases valued between £100,000 and £250,000 is due to begin imminently in the London Mercantile Court and the Mercantile, Technology and Construction and Chancery Courts in Manchester and Leeds District Registries. Continue reading