header-logo header-logo

05 July 2018
Issue: 7800 / Categories: Features , Civil way , Procedure & practice
printer mail-detail

Civil way: 6 July 2018

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll