I have found John M Hayes to be reliable and efficient, always willing to deal with any queries or matters arising and most importantly of all, to have detailed knowledge of current costs law.
Sarah Lapsley, Chestnutts Solicitors, Southport
This week saw Lord Justice Jackson questioning the government’s policy of imposing steep rises in court fees while withdrawing public funding from the court system. Wait a minute, is this the same Jackson LJ, that shaped the key legal reforms over the last five years and isn’t that a bit like trying to close the stable door after the horse has bolted?
We read with great interest this piece by Mark George QC on Lord McNally’s recent comments, that is Lord McNally who as justice minister in the coalition government helped steer the Legal Aid, Sentencing and Punishment of Offenders Act 2012 [LASPO] through the House of Lords, and who wants lawyers to stop” whingeing” about cuts to legal aid. This one is quite rightly set to rumble on.
And for those in the thick of it all and on the front line (such as Nathaniel Mathews writing about being "On Duty" at Hackney Law Centre) and for those who can still access public funding, the Legal Aid Agency has kindly updated its reported processing times to prove there is light at the end of the tunnel and we will be paid.
Talking of processing time, we were intrigued by the newly hired robot ROSS, who is apparently the future in terms of internship in American law firms and will be coming to a law firm near you soon alongside fixed fees and online courts and other forms of eagerly anticipated automation - at least its one vision of the future, what do you think?
For me, this quote from Peter Drucker comes to mind:
"The only thing we know about the future is that it will be different. Trying to predict the future is like trying to drive down a county road at night with no lights while looking out the back window. The best way to predict the future is to create it."
There was brief enthusiasm when the High Court upheld a decision by the arbitrator to order the recovery of the costs of securing third party funding in Essar Oilfield Services Ltd v Norscot Rig Management Pvt Ltd. This decision lies within arbitration and goes against the grain of general litigation where the costs of securing outside funding are seldom if ever recoverable between the parties.
Kerry Underwood took another look at Part 36 in this article: Part 36: a major problem and we were reminded again of Professor Regan’s comment that:
“Part 36 always trumps fixed costs. Everyone, everyday should think Part 36”
The week saw the company attend the PI Futures conference at Liverpool and launch our own webinar series encouraging legal aid firms to maximize their costs recovery. Our Leeds Office is looking forward to the Civil Cost Update at Hull Law Society on Tuesday, we have much to share and next week, Manchester Office is set to launch new training on enhanced costs orders in all legal aid work - we want to show you how to add value to your service. Check out the website for further information and then come and find us - we’d love to see you at our events.
Until next week
Friday 23rd September 2016