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Libel on the internet: Christian author takes on Dawkins and Amazon
Mcgrath v Dawkins, Amazon and others [2012] EWHC B3 (QB) -read judgment In an interesting ruling on a strike-out action against a libel claim, a High Court judge has delineated the scope for defamation...
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When does a case become “prohibitively expensive”?
R (Edwards & another) v. Environment Agency, Opinion of A-G Kokott, CJEU, 18 October 2012, read opinion – updated In environmental cases, this costs question arises in a sharp-focussed way, because...
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The CJEU on “prohibitively expensive” and the new protective costs order regime
R (Edwards & Pallikaropoulos) v. Environment Agency et al, 11 April 2013, read CJEU judgment, and read Opinion of A-G Kokott, and the Civil Procedure Rules 45.41 to 45.44, in force from 1 April...
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Mousa – a costly costs quirk
Mousa and others, R (on the application of) v Secretary of State for Defence [2013] EWHC 2941 (Admin) - read judgment A postscript to Rosalind English’s post of today. In the substantive judgment (see...
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Why Mrs Litvinenko did not get her PCO – but what if it had been an...
R (on the application of LITVINENKO) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2013) QBD (Admin) 4 October 2013, judgment behind Lawtel paywall UPDATED x 2 An extraordinary story which...
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The Supreme Court on “prohibitively expensive” costs: Aarhus again
R (Edwards & Pallikaropoulos) v. Environment Agency et al, Supreme Court, 11 December 2013 read judgment This is the last gasp in the saga on whether Mrs Pallikaropoulos should bear £25,000 of the...
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Asbestos victims successfully challenge change in conditional fee/ATE costs...
Whitston (Asbestos Victims Support Victims Support Groups Forum UK) v Secretary of State for Justice and the Association of British Insurers (Interested Party) [2014] EWHC 3044 – read judgment Jeremy...
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Sparks fly in the Ukraine
Kirovogradoblenergo, Pat v Ukraine (Application no. 35088/07) 27 June 2013 – read judgment Shortly after the break up of the Soviet Union, the Ukraine introduced an interesting piece of legislation...
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“Law is no trade, briefs no merchandise”
In Re Rameshwar Prasad Goyal, Advocate, Supreme Court of India, 22 August 2013, read judgment For the moment, at least, the idea of Stobart-law, supermarket-law, or call-centre-law as the solution to...
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More than a slip ‘twixt cup and lip
X Local Authority v Trimega Laboratories and others [2013] EWCC 6 (Fam) – read judgment Technical evidence can sometimes be crucial to judicial decisions and this case shows how dramatic the...
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The Legal Ombudsman: more than a paper tiger
LH Ltd v The Legal Ombudsman [2013] EWHC 4137 (QB) – Read judgment Adam Wagner represented the Legal Ombudsman in this case. He is not the writer of this post Does the Legal Ombudsman have teeth? That...
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Private nuisance – Article 6 and the costs conundrum
Coventry v. Lawrence [2014] UKSC 13, 23 July 2014, read judgment and Austin v. Miller Argent [2014] EWCA Civ 1012, 21 July 2014 read judgment Two important cases in the last few days showing how...
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Three strikes and out? Major defeats for Government Judicial Review reform...
Lords Pannick and Faulks Last night saw the important Report Stage consideration of Part 4 of the Criminal Justice and Courts Bill in the House of Lords. Angela Patrick, Director of Human Rights Policy...
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Exceptional legal aid funding should not be limited to extreme cases – Court...
R (on the application of) Gudanaviciene and others v The Director of Legal Aid Casework and others [2014] EWCA Civ 1622 – read judgment The Court of Appeal has ruled that the Lord Chancellor’s Guidance...
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Acquitted defendants costs regime not incompatible with ECHR
R (o.t.a Henderson) v. Secretary of State for Justice, Divisional Court, 27 January 2015 – judgment here The Court (Burnett LJ giving the sole judgment) has ruled on whether the statutory changes made...
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Supreme Court: no-win-no-fee costs regime compatible with Article 6
Coventry v. Lawrence [2015] UKSC 50, 22 July 2015, read judgment here The pre-April 2013 Conditional Fee Agreement system, under which claimants could recover uplifts on their costs and their insurance...
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Management consultant charges mother £400 for each visit to nursing home –...
SF, Re [2015] EWCOP 68 (26 October 2015) – read judgment This Court of Protection case has, unusually, made the papers, and when you read the details you won’t be surprised. What the judge described as...
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Mandatory order to stop bribery investigation?
R (o.t.a Soma Oil & Gas) v. Director of the Serious Fraud Office [2016] EWHC 2471 (Admin) 12 October 2016 – read judgment Soma are investing heavily ($40m spent on seismic work) in looking at oil...
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Jackson LJ on costs in all judicial reviews: Aarhus rules to apply
Review of Fixed Recoverable Costs: Supplemental Report, 31 July 2017 – here Jackson LJ is still toiling away at costs issues some 8 years after his main report. The original report changed the whole...
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ALBA Conference 2019: A Review (Part 4)
This post, and those that follow, summarise some of the main points of interest arising from the ALBA Conference 2019. ‘Practice and Procedure Update’ – Chair: Lord Justice Singh; Speakers: Catherine...
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