All Costs, fees and funding articles – Page 89
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Opinion
Welcome common sense over wills errors
The sensible approach to mistakes in wills is at odds with the harsh line on procedural errors.
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Opinion
There is prejudice in Mitchell
There is prejudice to the claimant in Mitchell even if his solicitors work without fee.
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News
City lawyers warn fees increase will drive away litigants
City of London Law Society unhappy with government proposals for a rise in fees for parties in commercial disputes.
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Opinion
Aggression will trump co-operation
In case management the pendulum has swung too far the other way – parties will deliberately make the opponent’s life difficult.
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News
Judge sets aside costs ruling based on ‘camouflaged’ submissions
High court also cites Mitchell in another rejection on non-compliance with costs orders.
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Opinion
Funding and ATE: what’s to come in 2014
What developments can we expect in ATE and litigation funding in the coming year?
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News
Mitchell ‘too harsh’, says Underwood
Two lawyers grappling with the post-Jackson costs regime are seeking examples of courts taking a softer approach to non-compliance with orders.
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Feature
Civil procedure – out of excuses
The message is clear: court orders, rules and practice directions must be strictly complied with.
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News
Mitchell solicitor rules out Supreme Court appeal
Lawyers continue to debate non-compliance of costs orders following Jackson reforms.
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Opinion
Mitchell moaners
I trust that the whingers will come to understand that what they wrongly perceive as manifest injustice will spawn a whole new industry of professional negligence lawyers.
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Feature
Counting the costs of Mitchell
We consider whether the Mitchell costs decision is so draconian that it will drive practitioners out of civil litigation.
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Opinion
Costly outcome
Litigators have no realistic alternative to seeking prospective budget variations once the budget is in danger of being exceeded.
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Opinion
Claimant rights
I sympathise with the solicitors in Mitchell. But how will individual claimants suffer?
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Opinion
Case management conundrum
Woolf aimed to transfer case management into the hands of the court – an ‘unless’ order is an inadequate remedy.
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News
Ombudsman suggests end to ‘no win, no fee’ offers
Report finds clients are often unclear about conditional fee agreements.
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Opinion
Relief from sanctions – more tough action
A fresh judgment from the Court of Appeal shows the strength of its appetite to enforce compliance.