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Civil way: 6 July 2018

05 July 2018
Issue: 7800 / Categories: Features , Civil way , Procedure & practice
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MoJ payback; orders! Orders!; credit mire; silently unmeritorious.

FEES OVERCHARGE

The County Court has been overcharging on the issue of certain CPR Pt 8 stage 3 protocol low-value personal injury road traffic and employers’ and public liability claims, extracting the sweep-up ‘any other remedy’ fee of £308 instead of the usually lower money claim fee where, for example, a paper form claim within the £3,000 to £5,000 range would cost £103 less. Staff have been given revised guidance and the Ministry of Justice (MoJ) informs us that it will be setting out details of a refund scheme in due course. Catering for cases where the inflated fee has been settled by the unsuccessful party should present a nice headache.

A reminder to court staff on the issue of the revised MoJ guidance will not go amiss along with a certificate of value to be added to the Pt 8 claim form corresponding to the relevant fee band. And a reminder to you, dear readers, that where you have procured a limitation stay of a claim

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NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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