Update on Lord Jackson Review

2011-02-14T11:13:47Z

Update: Lord Jackson Review

As all practitioners will know this is moving fast forward in great haste. The useful article by Lord Justice Jackson is attached to be read on the way forward and proposals.

Have in mind that the Minister has also indicated that fixed fees in RTA cases will be reduced when a ban on referral fees comes in.

The most important decision recently is Motto –v- Trafigura Limited 2011 EWCA CIV1550. This was fast tracked to the Court of Appeal and has made rulings on issues of funding, interest, proportionality, recovery and specifics in this particular matter which was hybrid for any number of reasons not least the total of the bill was in the region of £105,000,000!

Interest

Whilst Hunt –v- R M Douglas (Roofing) Limited 1991 AC398 remains the authority there are two recent cases of interest which have curried a great deal of favour with paying parties. Grey –v- Toner a case out of the Liverpool County Court. It being of significance as it is a Judgment of Judge Stewart QC.

See also CPR rule 40.8 and CRP rule 44.3 (iv)(g).

A case in the Oxford County Court also on the same point but found separately is Bridle –v- Ikhlas 22nd February 2011 Oxford County Court.

Lord Jackson's Paper
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A spate of Interesting Cases

2011-02-14T11:09:56Z

There has been a recent spate of interesting cases which should be considered in their relevant areas. Should anyone wish additional information other than that shown please contact us. This basically is an aide memoir for further research and enquiry in specifics.

Family Ancillary Relief

Protecting inherited assets.

Robson –v- Robson 2010 EWHC 1171

This is a Court of Appeal decision which defines the factors to be considered in regard to dealing with inherited assets. See also the cases of:

N – v- N 2010 EWHC 717 (fam)

K –v- L 2010 EWHC 1234 (fam)

Domestic Violence

The definition of violence abuse has been widened by the Court see Yemshaw –v- London Borough of Hounslow and reference to section 177 (1) of The Housing Act 1996

CFA backing

The decision in:

Sibthorpe and Morris –v- London Borough of Southwark.

This found that a solicitor indemnifying client against adverse costs was legal and not champertous.

Success Fee

Campbell –v- MGN (MGN Ltd –v- United Kingdom)

Entitlement to a success fee. Impact and contradictions in article 6 and article 10. (See Success Fee Law Society Gazette 03.02.11 page 21 – Costs Counsels Comments)

(see also Mark Friston (Counsel) of King Street Chambers, Manchester and comments by 4 New Square Chambers, London on the significance of this case)

Since that decision the Court of Appeal has handed down the matter of Sousa –v- London Borough of Waltham Forest 2011 EWCA CIV 194

This followed the House of Lords decision in Campbell – v- MGN (2) 2005 UKHL 61 and see above in respect of the European Court of Human Rights decision.

Percentage level of success fee have been in the courts recently. The level where liability conceded seems now to be set at 20%. See:

C –v- W 2008 EWCA CIV 1459

Fortune –v- Roe 2010 EWHC 90180 (costs)

VAT

A decision of the tribunal Barratt, Goff & Tomlinson –v- The Commissioners for Her Majesty’s Revenue & Customs Respondent and the Law Society intervener. A case showing where VAT should be added to and not charged on hospital/GP notes and restricting VAT to that which is charged.

Interest

Decision from the Liverpool County Court before His Honour Judge Stewart QC Gray –v- Toner 11th November 2010, deals with interest recoverability and the time for presenting full detailed assessment.

Current Case Law

Update on Lord Jackson Review

A spate of Interesting Cases