Setting aside a Notice of Discontinuance and QOCS Update 19th Jan 2023Conduct, Costs, CPR & Courts, CPR 3.4(2)(b), CPR 38.4, CPR 44.15c, Enforcement of Costs Orders, Legal principles, Notice of discontinuance, QOCSFOILExcalibur & Keswick Groundworks Ltd v McDonald (2023) EWCA Civ 18
MOJ Call for Evidence on the Personal Injury Discount Rate Update 17th Jan 2023Call for evidence, CPR & Courts, Dual and/or multiple discount rates, Injury, Legal principles, Switchover PeriodFOILThe MOJ has today launched its call for evidence in advance of setting a new Discount Rate (DR). The call for evidence closes in 12 weeks, on 11th April. The full paper may be found at: Personal Injury Discount Rate: Exploring the option of a dual/multiple rate - GOV.UK (www.gov.uk)
Interpreting an exclusion clause: Pollution or Contamination Update 16th Jan 2023Chain of causation, Environment, Exclusion clause, Injury, Legal principles, Policy of insurance, Policy wordings and principles, Pollution or contamination, Proximate causeFOILBrian Leighton (Garages) Limited v Allianz Insurance Plc (2023) EWCA Civ 8
When Part 36 and QOCS clash Update 20th Dec 2022Costs, CPR & Courts, CPR 36, Defendant's costs, Part 44.14, QOCS, Set-offFOILIn Chappell v Mrozek (2022) EWHC 3147 (KB) the claimant had accepted the defendant’s Part 36 offer 20-months outside of the "relevant period" as defined in CPR 36.3, such that they were required to agree liabilities for costs with the defendant.
FRC Extension Delayed Update 18th Nov 2022Costs, CPR & Courts, Extension of Fixed Recoverable Costs, Fixed Recoverable Costs, Intermediate TrackFOILIn a speech today by Lord Bellamy, it has been announced that the Ministry of Justice has confirmed that fixed recoverable costs (FRC) will not be extended until October next year. Previously the changes were scheduled for April 2023.
FOIL Northern Ireland Update – Making a Drama out of a Crisis Update 15th Nov 2022Events, FOILFOIL Northern IrelandThis learning event was held on 26th October and was hosted by FOIL NI.
Challenging claims for psychological injury – write up Update 9th Nov 2022Events, FOIL, Fraud, Fraud, Injury, Psychological injuryFOILThe event was hosted by Shirley Denyer (FOIL), Miles Hepworth (DWF and Fraud SFT) and Matthew Ruck (Keoghs and Rehabilitation SFT).
Armed Forces Personnel Stationed in the EU: Jurisdiction Update 8th Nov 2022Accident in Cyprus, CPR & Courts, CPR Parts 11, Jurisdiction, Overseas Law & Brexit, Paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020, Regulation 92 Civil Jurisdiction and JudgmentsFOILSalt v Cosmos Insurance Limited Cyprus (2022) EWCA Civ 1429
Enforcing an order for costs in a ‘mixed claim’ where QOCS applied Update 7th Nov 2022Costs, CPR & Courts, CPR 44.15, Damages, Legal principles, Mixed claim, Proceedings, QOCSFOILAchille v Lawn Tennis Association Services Limited (2022) EWCA Civ 1407
SSAFA – Forces Help v Allgemeines Krankenhaus Viersen GmbH Update 7th Nov 2022Civil Liability Act, Contribution, Damages, Foreign law, Legal principles, Overriding effect, Overseas Law & BrexitFOILOn 14 June 2000 the claimant was born at a hospital in Viersen, North-Rhine Westphalia, Germany, operated by the third party, Allgemeines Krankenhaus Viersen GmbH (“AKV”). He alleged that in the course of his birth he suffered an acute hypoxic brain injury as a result of negligence on the part of the attending midwife.
Belsner v Cam Legal Services (2022) EWCA Civ 1387 Update 4th Nov 2022CPR & Courts, CPR 46.9(2), Informed Consent, Legal principles, Protocols and Portals, RTA Portal, S74(3) Solicitors Act 1974FOILThis case raised important questions concerning the way in which solicitors charge their clients for bringing small road traffic accident claims (RTA claims) on their behalf.
FOIL response to the CJC costs consultation Update 3rd Nov 2022CJC, Costs, Costs, CPR & CourtsFOILThe CJC’s wide-ranging consultation on costs issues closed on 14 October.
