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In this issue Trusts Court of Protection Elderly and vulnerable clients UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Budgets and Finance Bills Contentious trusts and estates Pensions, insurance and tax efficient investments International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Trusts Insufficient credible evidence led to rejection of trustee expense claims (Hubbard v Hubbard) An account in common form concerning a trust holding development land, with trustees reporting to beneficiaries. The court determined the trustees failed to properly substantiate numerous costs, leading to substantial disallowances. Core principles include: trustees bear the onus to prove expenditure charged to the trust; poor or absent records are no excuse; and the court may grant a...
In this issue: Practice and procedure Relationship breakdown Financial provision Private children Public children International children LexTalk®Family: a Lexis®Nexis community Daily and weekly news alerts Updated content Useful information Practice and procedure Master of the Rolls announces update to solicitors’ guideline hourly rates An update to solicitors’ guideline hourly rates has been confirmed by the Master of the Rolls. These figures are used for the summary assessment of court costs in England and Wales. The revision sets new amounts across all grades (A to D) and geographical bands, including London 1-3 and National 1-2. Levels vary according to the fee earner’s experience and location, with the highest rate being £566 per hour for Grade A solicitors in London 1. This change ensures the guideline rates reflect present market conditions and support fair cost assessment in legal proceedings. See: LNB News 02/01/2025 32. Relationship breakdown Voidable divorce orders (The Lord Chancellor v...
PI & Clinical Negligence weekly highlights—8 August 2024 In this issue: CPR updates Clinical negligence Public authorities and the state Other PI and clinical negligence news Daily and weekly news alerts Useful information CPR updates Civil Procedure (Amendment No 3) Rules 2024 SI 2024/839: This instrument updates the Civil Procedure Rules 1998 (SI 1998/3132), which regulate practice and procedure in the Civil Division of the Court of Appeal, the High Court and the County Court. The revisions address ten areas: Alternative Dispute Resolution (ADR) References to Judges in the CPR Extension of Fixed Recoverable Costs (FRC) Time limit to seek permission to appeal from the Court of Appeal to the UK Supreme Court Procedure for references concerning assimilated law (formerly retained EU law) Delegation of functions to Legal Advisers Serious Crime Prevention Orders Contempt warning Writs and warrants of possession Minor amendments and general tidying...
This Practice Note presents illustrative examples of how the court applies the guideline hourly rates (GHR). The GHR are benchmark figures used for the summary assessment of costs, set out by pay band and grade of fee earner across different regions of the country. While conceived as a launching point for judges conducting a summary assessment, the GHR are frequently treated as the initial reference for fixing hourly rates on a detailed assessment. The current GHR have been effective from 1 January 2026 and were uplifted to reflect inflation. Earlier GHR applied during these periods—1 January 2025 to 31 December 2025, 1 January 2024 to 31 December 2024, and 1 October 2021 to 31 December 2023. Before 1 October 2021, there had been no revision since 1 April 2010. This Practice Note collates sample decisions demonstrating the court’s use of the GHR. It is arranged into sections: It offers illustrative rulings on the court’s application of the GHR in practical costs assessments nationwide. cases where the court...
ARCHIVED: This record is kept solely for historical reference and preservation. The pilot scheme concluded on 31 March 2013. For details on provisional assessment, refer to Practice Note: Provisional assessment. This archived notice is retained for historical purposes only. Jackson reforms As part of the Jackson reforms, Lord Justice Jackson, in his 13 January 2012 report on the pilot, found it to be a success and advised that it should be implemented across the country, with training provided to staff and district judges to help them carry it out successfully. Draft rules were prepared, to be presented to the Rule Committee in due course. For more information on the report, see News Analysis: Lord Justice Jackson report on provisional assessment pilot. What is this? The County Court Provisional Assessment Scheme (the Scheme) was a pilot under which parties were entitled to request a written, detailed assessment of costs, with the possibility of subsequently requesting an oral assessment hearing if needed. Where and when is...
This Practice Note examines: the evidential standard for a deceit claim how to plead a deceit claim, including the questions to put to the claimant when contemplating bringing such a claim pleading joint liability for deceit the distinction between a claim in deceit and one for misrepresentation, and why you might opt for one cause of action rather than the other whether you can plead the costs of an earlier failed action as damages for deceit the use of deceit claims within civil fraud proceedings For guidance on the elements needed to establish a claim in deceit, see Practice Note: The tort of deceit—required elements. Deceit claim—standard of proof required The claimant bears the burden of proof in deceit. The applicable standard is the civil one, namely the balance of probabilities—so the court will find an event occurred if, on the evidence, it judges that its occurrence was more likely than not. Put simply, the judge determines...