Claimant and counterclaiming defendant “cannot both be protected by QOCS”

14 November 2018

A cyclist defendant who counterclaimed against another cyclist after a head-on collision was not protected by qualified one-way costs shifting in the main action, a judge has ruled.

High Court: part 36 offer meant party could not accept earlier ‘without prejudice’ offer

15 July 2016

The High Court has ruled that a claimant’s Part 36 offer was a counter-offer, meaning that an earlier common law offer by the defendants no longer remained open for acceptance. Andrew Hochhauser QC, sitting as a High Court judge, said there was “apparently no authority directly on the point”.

MoJ costs plans would “deter legitimate environmental challenges”, Bar Council warns

24 December 2015

Plans by the Ministry of Justice to rewrite the costs rules for environmental judicial reviews in favour of defendants have been strongly criticised by the Bar Council, which said the ministry recognised that they could have a “stifling effect”.

Claims management regulator fines CMC £220,000 over nuisance calls

5 August 2015

The Claims Management Regulator (CMR), based at the Ministry of Justice (MoJ) has fined a claims management company £220,000 for making nuisance calls about claims for noise-induced hearing loss – the first fine of its kind.

Third-party supporters of JRs to be identified if they contribute more than £1,500

27 July 2015

Anyone who contributes at least £1,500 to back a judicial review (JR) will have their identity made known to the court as they may have some element of control over the litigation, the government has proposed.

Survey: 10% uplift to damages “insufficient” to cover extra LASPO costs

24 March 2015

Nearly three-quarters of personal injury specialist solicitors say the 10% uplift in general damages introduced to compensate for the LASPO changes is insufficient to cover the additional costs that claimants now have to meet, according to a survey.

Solicitor who “deliberately decided not to comply” with unless order denied relief from sanctions

6 March 2015

A High Court judge has refused to grant relief from sanctions to a law firm which “deliberately decided not to comply” with a practice direction and unless order in an appeal against a finding of negligence.

Falling foul of employment law no longer ‘inevitable’

20 November 2014

As the holiday pay row heads for a review and possibly to the Court of Appeal, it’s no wonder that many employers regard mistakes and Employment Tribunals as being an inevitable part of business life. But it doesn’t have to be that way.

Government stands firm on ending LASPO exemption for insolvency proceedings

15 September 2014

The government has indicated that it will not rethink the end of the LASPO exemption currently applied to insolvency proceedings, which is due to expire next year.

High Court backs cut of severe injury success fee from 75% to 30%

1 July 2014

The High Court has cut a CFA success fee charged by Irwin Mitchell, acting for a pedestrian whose back was broken when a car reversed over her, from 75% to 30%.

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