Updates and Briefing Papers

The CJC Review of Costs – FOIL considers the final report

• FOIL
• FOIL select
• London Market FOIL
• Sponsors

Coming closely behind the draft FRC rules published by the CPRC earlier this month, the CJC has now published its Final Report on its strategic review of costs.

CPR Update – extension of FRC

• FOIL
• FOIL select
• London Market FOIL
• Sponsors

The Civil Procedure (Amendment No. 2) Rules 2023, 156th Practice Direction Update and associated Pre-Action Protocol (PAP) Update have been published.

Layering Claims, Psychological Injury and Tinnitus

• FOIL

A panel of speakers looked at the extent which claims layering has increased; how to deal with claims from a procedural point of view; and what is needed from medical expert witnesses.

Presentation slides – Layering claims, psychological injury and tinnitus

• FOIL

Ethics of AI in Insurance – Article 3

• FOIL

Event update – The Discount Rate in Northern Ireland

• FOIL Northern Ireland

Presentation slides – The Discount Rate in Northern Ireland

• FOIL Northern Ireland

Civil Justice Council (CJC) Costs Review

• FOIL

The CJC has published its final report covering proposals relating to Costs Budgeting; Guideline Hourly Rates; Pre-Action Digitalisation; and the consequences of the extension of Fixed Recoverable Costs.

What constitutes a continuing private nuisance?

• FOIL

Jalla and another (Appellants) v Shell International Trading and Shipping Co Ltd and another (Respondents) (2023) UKSC 16

Fixed Recoverable Costs – the draft rules

• FOIL

The draft CPR rules to extend the FRC regime, to introduce Fixed Recoverable Costs (FRC) for most claims worth up to £100,000, have now been published, with a new Intermediate Track to be created for claims worth between £25k and £100k. A FOIL Update was published on 24 April setting out the provisions in brief. This Update looks behind the headline issues to consider the detail of the proposed rules.

Ethics of AI in Insurance – Article 2

• FOIL

Legal advice: duty of care to third parties

• FOIL

McLean and others v Thornhill (2023) EWCA Civ 466