The Law Society has responded to the government’s consultation on fixed recoverable costs.
Emily Weidner, Law Society policy advisor for modernising justice, provides an update on the latest from the HM Courts & Tribunals Service court reform programme.
As part of its whiplash reform programme, the government is increasing the small claims limit for road traffic accident related personal injury claims to £5,000.
The Ministry of Justice (MoJ) has acknowledged that its proposals for fixed costs could hit smaller firms and increase the risk of professional negligence claims.
The government has launched a consultation on extending fixed recoverable costs. The consultation closes on 6 June 2019.
A case that threw a wrecking ball at the practice of lawyers making stand-still agreements over late claims could be challenged in the Court of Appeal.
The new regulatory regime, replacing the SRA Handbook with new SRA Standards and Regulations, will now come into force on 25 November 2019
HM Courts and Tribunals Service (HMCTS) has announced a one-year extension of its court reform programme.
The Justice Select Committee has launched an inquiry into the access to justice implications of the HM Courts & Tribunals Service (HMCTS) court modernisation programme.
A voluntary capped costs pilot runs from 14 January 2019 for two years in certain business and property courts for cases valued up to £250,000.
Two pieces of legislation came into force just before Christmas which will transform the personal injury sector and set the ball rolling on sweeping court reforms.
The High Court has approved an upwardly revised costs budget after finding that extra disclosure demands constituted a ‘significant development’ in the case.
The Civil Justice Council (CJC) working group has published its final report on alternative dispute resolution (ADR) and civil justice.
The long-awaited review of legal aid reforms will not be published by the end of 2018, the Ministry of Justice (MoJ) has confirmed.
The Senior Courts Costs Office Guide 2018 has been published, replacing the 2013 version.
The Law Society has launched a new court reform webpage to help you to keep up to date with the HMCTS reform programme.
HM Courts and Tribunals Service have announced that they will be piloting early and late sittings in civil and family courts.
What action should your firm be taking in a no-deal scenario?
A new pilot scheme will launch on 1 January 2019, aiming to address concerns about the current excessive costs, scale and complexity of disclosure.
The Law Society has responded to the Ministry of Justice consultation on the impact of part 2 of LASPO, claiming that the government has created an imbalance between claimants and defendants.
Defendant lawyers have told the government that the ban on referral fees in personal injury claims is not working, as part of a wide-ranging response to inform the government’s review of civil litigation funding reforms.
The Court of Appeal said the government ‘misled’ the High Court in a dispute over its decision to refuse unaccompanied child refugees in Calais the right to join their families.
Magistrate numbers are falling significantly across England and Wales, from nearly 20,000 magistrates in 2015 to just over 15,000 this year – a drop of around 25 per cent.
Hugely ambitious and sweeping reforms to modernise UK courts are being rushed through in a way which could undermine justice and heap pressure on other services, MPs have warned.
Legal professionals will be able to avoid security checks at court using a smartphone identification system, as part of a new pilot scheme starting on 5 September.
Legislation intended to reform the personal injury small claims sector looks set to be halted until September 2018 at the earliest.
The Ministry of Justice has admitted overcharging for a string of different court fees – with the lost income from reducing the fees set to cost around £9m a year.
Delegating more judicial duties to court staff is expected to save almost £6m a year, government documents have revealed.
National call centres for court enquiries will open next year as the government takes the burden away from under-staffed regional court.
At our spring conference, Senior Master Fontaine delivered the keynote speech on recent developments and forthcoming changes to civil practice and procedure. A list of cases and legislation she referred to is available to download below.
At our spring conference, Alexander Kingston-Splatt, barrister at Five Paper, spoke on how to prove your civil case from a practitioner’s perspective. His notes are now available to download.
A challenge from an influential committee of MPs to government plans to up the limit for small claims was welcomed by the Law Society of England and Wales last week.
A £1bn modernisation programme of the UK’s justice system is facing a ‘daunting challenge’ after falling behind schedule and overrunning costs, according to Whitehall’s spending watchdog.
Solicitors should consider taking action against insurers who settled personal injury cases directly with their clients without paying their fees. This is the message following the Supreme Court’s decision to uphold a Court of Appeal ruling that Haven Insurance should pay Gavin Edmondson Solicitors what it was due.
The Bar Council has criticised government proposals for protecting people from unfair county court judgments (CCJs) as ‘too conservative’ and called for speedier dismissal of claims that have been sent to incorrect addresses.
We have warned that clinical negligence victims will be the main casualties in government plans to save the NHS money, if adequate time is not taken to get the process of fixing costs right.
Ministry of Justice officials have confirmed that plans to increase the small claims limit for motoring claims will be implemented in April 2019.
Insurers are legally obliged to pay costs to claimant solicitors for initiating claims in the Road Traffic Accident (RTA) portal, the Law Society has submitted to the Supreme Court.
Controversial plans to reform whiplash litigation by raising the small claims limit for road traffic accidents to £5,000 are likely to be implemented in April next year, it has emerged.
Three new court and tribunals reform roadshows have been announced.
The Law Society has responded to HM Courts & Tribunal Service (HMCTS) prospectus seeking views on its flexible operating hours pilots.
MPs warn that the government must learn more about how people invest vital compensation from catastrophic injury before they change how pay outs are calculated.
Moves to clampdown on bogus holiday sickness claims should not be allowed to undermine genuine cases.
Claimants should be able to take out – and subsequently recover – insurance premiums as soon as they enter a conditional fee agreement, the Court of Appeal has ruled.
The Law Society Gazette looks at how plans for the online court are progressing - and finds that its first few iterations will be considerably less ambitious than Lord Justice Briggs envisaged.
Ordinary people, including the elderly, will be denied expert legal advice required to navigate the court system and understand essential medical evidence to prove their injury, the Law Society has warned.
The Court of Appeal has ruled that a district judge was entitled to find that a civil claimant was fundamentally dishonest – despite the term not being expressed by the defendant during trial.
David Young, senior project manager for the Civil Money Claims project, provides an update.
A decision to delay a government pilot trialling extended court opening hours which would have heaped additional pressure on the already fragile criminal legal aid services, has been welcomed today the Law Society of England and Wales.