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CHILDREN AND SUCCESS FEES
In A & M (by their litigation friend) v Royal Mail Group (2) [2015] MISC B30 (CC) District Judge Lumb, sitting in Birmingham County Court, was dealing with litigation expenses incurred by a...
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LEGALLY QUALIFIED CHAIR REQUIRED
That was the heading of a recent job advert in the Law Society Gazette online for a police authority. Our fearless reporter Dick Chilblain reports. I met Sofa Sideboard, 36, Chaise-longue of the...
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LAWYER’S NEGLIGENCE IN PI AND SITTING BEHIND COUNSEL: DUNHILL CONSIDERED
In Dunhill v W Brook & Co & Another [2016] EWHC 165 (QB) the Queen’s Bench Division of the High Court dismissed a professional negligence claim against solicitors and counsel regarding...
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PART 36 – IMPORTANT RECENT CASES
There have been a number of important recent cases in relation to Part 36, all of them in favour of claimants and this is a welcome corrective to what many perceived as an anti-claimant bias in...
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NEW MIB UNINSURED DRIVERS’ AGREEMENT
NEW MIB UNINSURED DRIVERS’ AGREEMENT I am grateful to Nicholas Bevan for some of the material in this piece. The new MIB Uninsured Drivers’ Agreement came into force on 1 August 2015 and applies to...
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CLAIMANT’S PART 36 OFFER OVERRIDES FIXED COSTS
I deal with this in detail in my courses on Fixed Costs. Click here for details and booking form. I also deal with this in my new book – to buy it click here or visit Amazon. In Broadhurst v Tan...
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CONDITIONAL FEE AGREEMENT UPDATE
There has been a surprising number of recent decisions concerning conditional fee agreements, and covering assignment, human rights and recoverability and the interplay with legal aid and the ability...
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KERRY ON QOCS: BOOK UPDATE AND LINKS
This blog is to be used in conjunction with my book Qualified One-Way Costs Shifting, Section 57 and Set-Off. This is available from me for £30.00 including p&p by clicking here or from Amazon. I...
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QUALIFIED ONE-WAY SHIFTING: UNIFIED
This subject is dealt with in my new book on the subject. To order one click here or go to Amazon and to see a trailer click here. The book is fully updated on my blog: Kerry on QOCS: Book Update and...
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SECTION 57 CRIMINAL JUSTICE AND COURTS ACT 2015 – UPDATED
This subject is dealt with in my new book on the subject. To order one click here or go to Amazon and to see a trailer click here. The book is fully updated on my blog: Kerry on QOCS: Book Update and...
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RUNNING SMALL CLAIMS TRACK PERSONAL INJURY CLAIMS
I deal with this in a series of courses – Click here. I also deal with it in my new book on the subject. To order one click here. Only very limited costs are recoverable in small claims. For example...
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CONDITIONAL FEE AGREEMENTS: TWO MORE CASES
Here I report two further cases on Conditional Fee Agreements and I have added these to my blog: Conditional Fee Agreement Update In Stevensdrake v Hunt [2016] EWHC 342 (Ch) the Chancery Division...
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10% UPLIFT IN ALL CASES EXCEPT WHERE THERE IS A RECOVERABLE SUCCESS FEE
Two recent cases, one in the Court of Appeal and one in the Employment Appeal Tribunal, hold that the 10% Simmons v Castle uplift to general damages etc. applies in all cases except where there is a...
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DOES A CLIENT WITH A PRE-JACKSON CONDITIONAL FEE AGREEMENT WITH A NIL SUCCESS...
In the initial decision in the case of Simmons v Castle [2012] EWCA Civ 1039 the court held that with effect from 1 April 2013, general damages in tort cases would be increased by 10% from current...
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PART 36: DOES A CLAIMANT GET INDEMNITY COSTS ON LATE ACCEPTANCE?
I deal with this in detail in my Fixed Costs course – to book click here. This subject is dealt with in my new book on Fixed Costs etc. To order one click here . I am satisfied beyond doubt that a...
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DISABILITY DISCRIMINATION & CHILDREN WITH SPECIAL NEEDS: AN INTERESTING CASE
In a recent First Tier Tribunal case a child was successful in a claim for disability discrimination under the Equality Act 2010 where that child had assaulted a teacher in a BESD (Behavioural,...
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QUALIFIED ONE-WAY COSTS SHIFTING: DISCONTINUANCE
This subject is dealt with in my new book on the subject. To order one click here or go to Amazon and to see a trailer click here. The book is fully updated on my blog: Kerry on QOCS: Book Update and...
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WASTED COSTS: CLAIMANT SOLICITORS AT IT
I have on many occasions criticised the conduct of insurance companies and their lawyers in personal injury matters. This is not a one way street and claimant solicitors do not always cover themselves...
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CONFUSED OF HEMEL HEMPSTEAD WRITES
I wonder if any of you can help me. I run a small law firm in Hertfordshire and I am not too good at keeping up with the news. I know that the Chancellorships of the Exchequer and Lord have been...
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CONTINGENCY FEE AGREEMENTS: HIGH COURT GUIDANCE
In Bolt Burdon Solicitors v Tariq & Others [2016] EWHC 811 (QB), 13 April 2016 the Queen’s Bench Division of the High Court upheld a Section 57 Solicitors Act 1974 Contingency Fee Agreement whereby...
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