Sentences with phrase «fee regime»

It is possible that the government will look to introduce a new fee regime with lower or different fees payable.

It found that the current fees regime had the effect of preventing the access to justice.

Higher education institutions are preparing for a new fees regime against a backdrop of severe cuts and must get used to receiving less government money.

Furthermore, the current escalating fees regime does not really promote efficient litigation.

It said the new fee regime was «fair and progressive in protecting low earners» and noted that participation from all socio - economic groups had increased since fees were raised in 2006.

Lord Justice Jackson also recommended that the Government pause its planning of the introduction of a fixed fee regime for clinical negligence claims, as he believed that introducing a separate costs regime for clinical negligence would lead to a «Balkanisation» of fees for different types of claims.

Employment tribunal fees: the Supreme Court also granted permission to appeal to Unison, the trade union, in its challenge to the lawfulness of the employment tribunal fees regime introduced by the coalition government.

The Supreme Court also granted permission to appeal to Unison, the trade union, in its challenge to the lawfulness of the employment tribunal fees regime introduced by the coalition government.

The question of when a trial starts, as a trigger for an additional costs payment, has been an issue for some time, coming to the fore under the pre-LASPO success fee regime where a higher success fee was payable where a case concluded at trial.

The question of when a trial starts, as a trigger for an additional costs payment, has been an issue for some time, coming to the fore under the pre-LASPO (Legal Aid, Sentencing and Punishment of Offenders Act 2012) success fee regime where a higher success fee was payable where a case concluded at trial.

Lord Justice Jackson, speaking on 23 May 2016, recognized this and referring to the factors in CPR 44.3 (5)-- set out below — said: «The best way to satisfy the requests for clarification is to convert the five identified factors into hard figures: in other words, to create a fixed costs regime... those seeking certainty about how rule 44.3 (5) will apply are «seeking something akin to a fixed fee regime for all cases».»

Minutes from the latest meeting of the Employment Tribunal National User Group have revealed that, since the employment tribunal fees regime came to an end last year, there has been a 100 % increase in the number of claims received by employment tribunals...

The governments that defend B.C.'s hearing fees regime point to the exemption for the needy as its essential redeeming feature.

There is barely a scintilla of difference between her plan to abolish free education and the disastrous fees regime introduced by the Tories south of the Border.»

And big picture, this is a company & management that's already proved 55 - 60 % + operating margins are actually possible — so while the performance fee regime here has changed drastically post-crisis, it does suggest shareholders can look forward to substantially higher operating margins * again, presuming continued AUME growth.

The review was published before the Supreme Court declared the existing fee regime illegal.

In his view, the court - fees regime infringed on a common law right and was thus ultra vires its parent statute:

Moreover, one could imagine different judges concluding (1) that court fees are never permissible or (2) that exemptions are not always necessary or (3) that this particular fees regime was reasonable because it allowed for exemptions for impoverished litigants; indeed, the regime aimed to strike a delicate balance between the interests of individual litigants and the public interest in effective, efficient access to justice (see Rothstein J.'s dissent, paras. 103 - 112).

The Woolf Reforms which were intended to reduce the costs of litigation and simplify the process did neither because in part his reforms were hijacked and the change to the conditional fee regime became central to the changes.

The Supreme Court has allowed the appeal by Unison against the legality of employment tribunal fees, holding that the current fees regime prevents access to justice and is unlawful.

In March, the Ministry of Justice (MoJ) introduced a new fee regime with a 5 % issue fee for money claims, capped at # 10,000, sparking intense opposition from the legal profession.

The Supreme Court yesterday has allowed an appeal by Unison, holding that the current Employment Tribunal fees regime is unlawful, contrary to EU law and indirectly discriminatory.

Initially those responsible for the new fees regime said it would not be possible to present claims to individual ET offices.

Unison submitted that the Lord Chancellor had breached his duty to have due regard to the need to eliminate discrimination by imposing the two tier fees regime.

The Rules also have a unique dual fee regime to remunerate arbitrators (based on either hourly rates or the sum in dispute).

The England and Wales experience shows the uncertainties that are created by major changes in what I call fee regimes (consisting of who pays, how the fee is calculated, and how fees are regulated / reviewed).

The Soho sex shop case highlights the need for an urgent review of the licensing fee regime, says Philip Kolvin QC

In particular, the new fees will act as a baseline for providers, so that they are able to bid competitively using the knowledge and discipline gained under a fixed or graduated fee regime.»

«The success and fairness of any fixed fee regime will need to reflect the variety, complexity and intrinsic cost of running many of these types of claims.

Minutes from the latest meeting of the Employment Tribunal National User Group have revealed that, since the employment tribunal fees regime came to an end last year, there has been a 100 % increase in the number of claims received by employment tribunals compared to the period immediately before the Unison decision in which employment tribunal fees were held to be unlawful.

The BC hearing fees regime, the Chief Justice holds, does not pass this test.

It is, however, another nudge to government that any new fee regime introduced should be moderate.

In July 2017, the Supreme Court (SC) found that the level of employment tribunal fees hindered access to justice and abolished the tribunal fee regime: the immediate impact was that no more fees can be asked for under the current regime and almost # 32 million fees are to be repaid.

The Supreme Court has unanimously upheld Unison's appeal against Tribunal fees finding that the current fee regime is unlawful both under domestic and EU law as it has the effect of preventing access to justice...

It is certainly open to the Government to introduce a new fee regime, but there are a number of aspects which it will need to consider if it is to avoid falling foul of what is a clear and detailed judgment of the highest UK court.

Now that the fees regime has been found to have been unlawful from its introduction, there is an opportunity for individuals whose claims were rejected or dismissed for non-payment of fees to apply to the ET for their claims to be reinstated.

Where, then, did the majority find its justification for striking down the court - fees regime?

Because it prevented her from accessing the courts, the court - fees regime was unconstitutional.

Before the introduction of the fees regime, access to employment tribunals was free of charge.

Finally, the charging of higher fees for certain types of claim more likely to be brought by women was indirectly discriminatory, with the measures not justified as a proportionate means of achieving the stated aims of the fees regime.

A decision in Unison's second judicial review challenging the fee regime is expected over the next few weeks.

Other issues raised were with fees, with some suggesting there should be a «fixed fees regime», and also fixed timescales.

Under normal circumstances, the Government would attempt to rush through new legislation to re-design the fees regime and limit claims pre-dating this decision — however Theresa May's slim majority makes this difficult.

The trade union Unison challenged the fees regime in the High Court, arguing that it amounted to an unlawful interference with access to justice.

This does not mean that the fees regime will necessarily disappear completely.

Unison's challenge to the fee regime, by way of an application for judicial review, had until now been unsuccessful.

With the abolition of the fees regime, the number of tribunal claims has started to increase, so this month we go back to basics and discuss:

On the government review, Urquart says: «Employers can probably be more relaxed in the knowledge that the government will be reviewing its own law and that, as a result, the fee regime (in one form or another) is probably here to stay — at least for the duration of the present government.»

Underhill LJ referred to an internal government review of the fees regime, however, and noted that the decline in claims was «sufficiently startling to merit a very full and careful analysis of its causes; and if there are good grounds for concluding that part of it is accounted for by claimants being realistically unable to afford to bring proceedings the level of fees and / or the remission criteria will need to be revisited».