Costs

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A recent case illustrates the financial risks facing litigants in person (LiPs) who fail to comply with the correct procedure on costs. Julian Caddick, council member of the Association of Costs Lawyers and a partner and head of costs at Thompsons Solicitors, explains the case in this week’s NLJ, and offers key takeaways for practitioners who find themselves opposite a LiP.

A conditional fee agreement (CFA) can have retrospective effect even though this is not spelled out, the Court of Appeal has held

Horses for courses, a lid for every pot and costs lawyers for costs (regulated, of course). Otherwise, it could all turn into a shambles. In this week’s NLJ, Jack Ridgway, chair of the Association of Costs Lawyers and a senior associate costs lawyer at Bolt Burdon Kemp, highlights the perils of using an unregulated costs draftsman.

Would you ask a bricklayer to install a boiler, asks Jack Ridgway? If not, you should probably get a regulated costs lawyer to manage your costs

The deadline for submissions to the Civil Justice Council’s (CJC) consultation on litigation funding, including third party funding, has been extended by one month

Legislation allowing costs lawyers to become judges will be laid this year, the Association of Costs Lawyers (ACL) has predicted.

The family courts are increasingly ready to impose costs orders as a result of poor behaviour or misleading evidence, say Stowe Family Law senior associates Siobhan Vegh and Natalie Nero, and solicitor Rebecca Sutton. Writing in this week’s NLJ, Vegh, Nero and Sutton talk us through a recent example, the divorce and financial remedies case, NW v BH.

Family practitioners should be aware of the courts’ increasing readiness to impose costs orders as a result of poor behaviour or misleading evidence: Siobhan Vegh, Natalie Nero & Rebecca Sutton highlight a recent example

Lawyers have welcomed the Supreme Court’s unanimous decision that success fees are not covered by ‘financial need’ provisions in wills disputes

The vital question of when exactly security is deemed received—whether it is on payment or on receipt of cleared funds—is addressed in this week’s NLJ, by Avneet Baryan, senior associate at Mills & Reeve.

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MOVERS & SHAKERS

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CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS

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NLJ this week: Motor finance faces £11bn reckoning

The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers

NLJ this week: Gold on Awaab’s Law & digital divorce

In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives

NLJ this week: AI in the dock—courts need literacy, not fear

Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ

NLJ this week: Landlords lose their upward climb

James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights

NLJ this week: Privy Council undresses the ‘shareholder rule’

Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments

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Costs

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

Birketts—Phillippa O’Neill

Charles Russell Speechlys—Matthew Griffin