The application of Denton to default judgments Update 28th Jul 2023Application to Set Aside, CPR & Courts, CPR 13.3, Default Judgment, Denton, Legal principlesFOILFXF v English Karate Federation Limited and another (2023) EWCA Civ 891
Fixed Recoverable Costs: Consultation on issues relating to the new regime Update 24th Jul 2023Costs, Extended Fixed Recoverable CostsFOILThe Ministry of Justice has published a consultation on issues relating to the extended fixed recoverable costs (FRC) regime. The consultation opened on Friday 21st July and closes on Friday 8th September 2023.
CPR Update Update 20th Jul 2023Amendments to CPR, CPR, CPR & Courts, Practice Direction UpdatesFOILThe Civil Procedure (Amendment No.3) Rules 2023 enter into force variously, on 14th August and 1st October 2023.
Revision of the Medical Reporting Process for low value RTA claims Update 19th Jul 2023Costs, Fixed Recoverable Costs for Medical Reports, MedCo, Medical Reporting Organisations, Qualifying Criteria, Trade bodies / regulatorsFOILOn 18th July the MOJ opened a consultation on revising the Medical Reporting Process for Road Traffic Accident Claims valued at up to £5,000. The consultation is open until 10th October.
Interpreter’s fee may be allowed under CPR 45.29I(h) Update 14th Jul 2023Cham (2019), Costs, CPR & Courts, CPR 45.29lh, Fixed costs, Interpreters' Fees, Legal principles, Overriding Objective, Overseas Law & BrexitFOILThe Court of Appeal held that that an interpretation of sub-paragraph (h) that precluded the recovery of reasonably incurred interpreter's fees in a case such as the present would not be in accordance with the overriding objective and the court was not bound by Cham in which counsel’s fee had been disallowed
The extent of a doctor’s duty of care to inform a patient about alternative possible treatments Update 12th Jul 2023Alternative Possible Treatments, Bolam, Clinical Negligence, Clinical Negligence, Duty of care, Hunter, Injury, Legal principles, MontgomeryFOILMcCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) [2023] UKSC 26
Northern Ireland Learning Event Write Up – Forensic Collision Reconstruction: A Road Map Update 12th Jul 2023Collision, FOIL, FOIL Northern Ireland, Injury, Motor, ReconstructionFOIL Northern Ireland
Northern Ireland Learning Event – Forensic Collision Reconstruction – A Road Map Update 12th Jul 2023Collision, FOIL, FOIL Event, FOIL Northern Ireland, Injury, Motor, ReconstructionFOIL Northern IrelandNorthern Ireland learning event with Hawkins
Service abroad, compliance with Hague Convention and Third Party procedure Update 3rd Jul 2023CPR & Courts, Event, FOIL, FOIL Ireland, Hague Convention, Overseas Law & Brexit, Third Party ProcedureFOIL IrelandEvent update following a talk from Padraic Hogan BL on the subject of service abroad, compliance with the Hague Convention and Third Party procedure.
Breaking the chain of causation Update 22nd Jun 2023Clinical Negligence, Injury, Injury, Legal, Legal principles, Mere Negligence, Substandard Medical Treatment, Test of Causation, Webb v Barclays Bank (2001)FOILReviewing Jenkinson v Hertfordshire CC [2023] EWHC 872 (KB)
The application of CPR 11 Update 12th Jun 2023Claim form, CPR & Courts, CPR 3 6 7 11, Policy wordings and principles, Protocols and Portals, Rectification, Strike-outFOILPitalia and another v NHS England (2023) EWCA (Civ) 657
NIHL claims under the extended Fixed Recoverable Costs regime Update 6th Jun 2023Claims Portal, Costs, Fixed Recoverable Costs, Injury, Legal principles, NIHL Claims, Protocols and Portals, Sole DefendantsFOILAs part of the introduction of the extended FRC regime, coming into effect on 1 October 2023, changes to the handling of NIHL claims are being introduced. The Pre-Action Protocol for Disease and Illness Claims will be amended on 1 October, to put in place a new Annex E, providing for alternative claims handling processes for NIHL claims worth up to £25k against a sole defendant.
