Month: April 2013

24.04.13

Prisoners' entitlement to damages in defamation claim should be reduced

Two serving prisoners have brought a libel action against the police for the contents of a press release which they allege have defamed them.   In RH and AA* v The Commissioner of Police for the Metropolis [2013] EWHC 848 (QB), the High Court was asked to consider the actual meaning of the words complained…

23.04.13

Civil Justice Council publishes report on Defamation Costs

On 18 April 2013, the Civil Justice Council (CJC) Working Group published its report with recommendations on costs protection in defamation and privacy claims.  The Government had delayed the implementation of reform in these types of cases after the publication of the Leveson Report.  In other civil cases, reforms were brought into effect from 1…

17.04.13

sentencing guidelines on credit for guilty pleas

In Caley and others [2012] EWCA 2821 the Court of Appeal gave judgment in a number of conjoined appeals after setting out certain fundamental principles arising from its interpretation of the sentencing Guidelines Council guidance document on reduction of sentence for pleas of guilty. It made reference to the relevant statutory provision (section 144(1) Criminal…

15.04.13

Defamation actions do not survive the death of a party

The High Court was asked to consider the meaning of CPR 40.7(1) in determining whether a reserved judgment in an application during defamation proceedings could be given after the death of the claimant. In Harvey smith v Bobby DHA [2013] EWHC 838 (QB) the claimant, Mr smith, brought a claim in defamation against the defendant. …

12.04.13

CFA success Fees and After the Event Insurance premiums cease to be recoverable

save in libel/privacy, insolvency and mesothelioma cases, Conditional Fee Agreement (CFA) success fees and After The Event (ATE) insurance premiums have ceased to be recoverable from the losing party in civil litigation.  The change will not affect CFAs and ATE insurance policies enetered into prior to 1 April 2013. CFAs allow solicitors and their clients to share the risk of the litigation.  The solicitor only charges the…

Confiscation order in value of benefit of unadministered estate disproportionate

In susan Ann Hursthouse [2013] LTL 9/4/2013 the Court of Appeal was reconstituted to re-hear the Appellants appeal following the decision of the supreme Court in Waya [2012] UKsC 51. The Appellant had pleaded guilty to fraud contrary to section 1 Fraud Act 2006. she had created a forgery of her late fathers will after…

11.04.13

Receiver fees from assets discharged from restraint not compatible with ECHR

CPs v Eastenders Group [2012] EWCA 2436 is a fascinating decision of the Court of Appeal in which Lord Justice Laws gives the lead but ultimately dissenting judgment. The CPs had obtained restraint orders over the assets of two defendants and, by piercing the corporate veil, over company assets belonging to Eastenders and also an…

10.04.13

Government consults on criminal law legal aid changes

The government has commenced its consultation paper on the legal aid scheme  entitled “Transforming legal aid: delivering a more credible and efficient system”. The majority of the consultation paper is dedicated to proposals to reform the current system for delivering criminal legal aid. Under the proposals, the Government intends to invite a price competition tender…

2.04.13

Changes to Civil Procedure Rules come into force

On 1 April 2013 the first wave of Jackson reforms was implemented into law.  The reforms will amend various parts of the Civil Procedure Rules 1998 (CPR) and will also change the way that the courts address the costs of litigation.  Much has been written about the proportionality of costs and success fees and ‘after…

1.04.13

FsA abolished and replaced by FCA and PRA

The City has a new behavioural watchdog in the form of the Financial Conduct Authority (FCA).  A second new organisation, the Prudential Regulation Authority (PRA), which is part of the Bank of England, is tasked with looking after all deposit-taking institutions, insurers and investment banks. The FCA is headed by Martin Wheatley, who said in a speech last year that,…