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NEW WHIPLASH RULES IN TODAY!

  This piece was prepared by Leah Waller, Assistant Solicitor at Underwoods Solicitors.   The proposed reforms have now been finalized and agreed by the Civil Procedure Rules Committee and the...

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FIXED RECOVERABLE COSTS IN ALL CIVIL CASES UP TO £250,000

FIXED RECOVERABLE COSTS IN ALL CIVIL CASES UP TO £250,000 In Chapter 16 of Lord Justice Jackson’s Review of Civil Litigation Costs: Final Report he set out a proposal by Cameron McKenna LLP for fixing...

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UNDERWOOD ON JACKSON – LAST FEW DATES!

              UNDERWOOD ON JACKSON “Intuitive, insightful, entertaining, reassuring, modern and clear thinking” 6 hours CPD, SRA authorized. Accredited by APIL Training and BSB Electronic notes updates...

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PERSONAL INJURY REVOLUTIONIZED: CLAUSE 49

PERSONAL INJURY REVOLUTIONIZED: CLAUSE 49 The Criminal Justice and Courts Bill is currently before Parliament and expected to become law by January 2015. Clauses 49 to 53 deal with personal injury...

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OVERTIME, HOLIDAYS AND THE RULE OF LAW

On 4 November 2014 the Employment Appeal Tribunal (EAT) decided that the European Union Working Time Directive means that overtime pay must be considered as normal pay for the purposes of calculating...

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FREE LEGAL WORK (PRO BONO): NO THANKS!

  For all of you as fed up as I am by the notion that lawyers, alone of all trades and professions, should carry out work free, I am happy to provide a template reply. This is an actual exchange...

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COVENTRY v LAWRENCE: 15 YEARS OF CASES TO BE RE-OPENED?

The Supreme Court, sitting with seven Judges to reflect the importance of the case, will hear Coventry v Lawrence on 9th and 10th February 2015. I understand that interveners will include the Bar...

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COVENTRY: IS RECOVERABILITY ILLEGAL?

RECOVERABILITY MAY BE ILLEGAL RULES SUPREME COURT In a stunning decision the Supreme Court has declined to order payment of a recoverable success fee and After the Event insurance premium against a...

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GAGA LAW

GAGA LAW – slogan – The More They Dribble The Less They Quibble – has spotted a gap in the legal market and is seeking to exploit this by becoming an ABS.  The gap is for those lacking capacity or...

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GUIDELINE HOURLY RATES

Guideline Hourly Rates Survey 2013  The Civil Justice Council Costs Committee is conducting a survey (Guideline Hourly Rates Survey 2013) of solicitors concerning Guideline Hourly Rates and the...

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LIES, DAMNED LIES AND THE SMALL CLAIMS LIMIT

In October 2013 the Government announced that there would be no increase in the personal injury Small Claims limit “at this stage”. However this should be regarded as a stay of execution rather than a...

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FACTORY LAW FIRMS: END OF THE ROAD?

In Procter v Raleys Solicitors, Leeds County Court, 6 November 2013 HH Judge Gosnell held that the defendant firm of solicitors had been negligent in under-settling a claim after it failed to have a...

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RECOVERABILITY ILLEGAL? ACT NOW!

RECOVERABILITY ILLEGAL? ACT NOW! The Supreme Court is to hear Coventry v Lawrence on 9 February and 10 February 2015 and it is likely that the decision will be reserved. Clearly if the Supreme Court...

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COVENTRY, RECOVERABILITY AND THE SUPREME COURT: SOME THOUGHTS

  RECOVERABILITY MAY BE ILLEGAL RULES SUPREME COURT In a stunning decision the Supreme Court has declined to order payment of a recoverable success fee and After the Event insurance premium against a...

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A Christmas Carol by the High Court

Scene:  Any solicitor’s office in the country (except the Strand). Solicitor: So, Ms Peasant you have been sacked because you are pregnant and you have come in for a free interview.  Typical of your...

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WHO ATE ALL THE PIES?

Fag considered  The decision of the Court of Justice of the European Communities in Fag Og Arbejde v Kommunernes Landsforening [2014] EU ECJ C-354/13 – 18 December 2014 has been widely misreported. Far...

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DISCRIMINATION CASES: QOCS, CLAUSE 56 AND FUNDAMENTAL DISHONESTY

DISCRIMINATION CASES: QOCS, CLAUSE 56 AND FUNDAMENTAL DISHONESTY Clause 56 of the Criminal Justice and Courts Bill, currently before Parliament, requires a court to dismiss the whole of a personal...

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TOYNBEE HALL

  Last night Toynbee Hall celebrated 115 years of giving free legal advice.  Here is a piece that I wrote for Solicitors Journal in 2006.  It is as relevant today as it was then:   “Toynbee work In...

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SIGNATURE REQUIREMENTS RE CFAS DBAS AND CONTINGENCY FEE AGREEMENTS

Here I consider which, if any, of the following types of agreement require signature, and if so, whether an electronic signature is valid:  Conditional Fee Agreements Damages-Based Agreements....

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LITIGANTS IN PERSON: ACTING IN CASES INVOLVING THEM

The courts are experiencing a very significant increase in the number of Litigants in Person following the sharp increase in legal fees to be paid by individuals as a result of the Jackson reforms, and...

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