Guidance as to Litigants-in-Person, a sign of the times? 09 June 2015 Thomas-Crockett courts, General, judges, litigant in person, procedure, self represented litigant (0) The Bar Council, Law Society and Chartered Institute of Legal Executives has produced some joint guidance for lawyers in how to conduct themselves towards a litigant-in-person. The Guide (available at http://bit.ly/1IkTPig) remind practitioners of their professional obligations and that the growing rise in unrepresented parties should be regarded as a sign of the times, rather than a sign of there... [More]
Have we started yet? Commencement of contested hearing and CFA uplifts 04 June 2015 Thomas-Crockett case report, conditional fee agreements, costs, cpr, General, LP Costs, LP Procedure, success fees (0) When a trial begins is of obvious import to any litigant where one or more party is funded by a conditional fee agreement which provides for an uplift per CPR 45.16 and 45.17. Mrs Justice Slade in a recent appeal from Master Campbell held that a contested hearing on the issue of liability had yet to commence before a subsequent settlement. The facts of James v Ireland [2015] EWHC 1... [More]
Direct actions against foreign insurers in PI claims: the sting in the tail 03 June 2015 Jack-Harding (0) Barristers and solicitors practising in the field of personal injury litigation arising from accidents abroad have, for some time, been comforted by the fact that - at least as far as EU member states are concerned - it is relatively easy to idenitfy a direct cause of action (under the relevant local law) against the tortious party's insurer, thereby permitting a claim to be brought in the Courts ... [More]
Relief from Sanctions / Strike Out - Is it "worth a go"? 27 May 2015 Thomas-Crockett case report, General (0) Last week the Commercial Court dealt out a salutary warning to Parties whom are seen to opportunistically attempt to take advantages of defaults by their opponents. Mr Justice Popplewell in the case of Viridor Waste Management Ltd v Veolia ES Ltd (unreported, QBD (Comm) 22 May 2015) awarded a claimant its costs assessed on the indemnity basis in circumstances where it was held that the... [More]
More Political Uncertainty for PI Litigators 22 May 2015 Ben-Hicks General, personal injury, politics (0) Ian Miller’s recent post looking at of what party manifestos might tell us about the way ahead for personal injury lawyers identified a large number of potentially significant and yet radically differing changes ahead. Which actually lay in store for us was, of course, going to be dependent upon which way we voted – and upon which post-election alliances were formed and the compromises... [More]
Changes to the Spanish Baremo System 20 May 2015 Matthew-Chapman (0) English lawyers familiar with the ECJ decision in Odenbreit and the inroads made into English law by the Rome II Regulation are also likely to have at least a passing acquaintance with the Spanish Baremo Rating System for the Assessment of Damages in personal injury claims. The system applies compulsorily in a road traffic accident context, but is characteristically applied (by analogy) by Spanish... [More]
Costs Budgeting: reforms on their way… 15 May 2015 Ian-Miller access to justice, clinical negligence, costs, cpr, personal injury, procedure (0) Jackson L.J. delivered a speech on costs budgeting on Wednesday. For many of us engaged in CCMCs who encounter inconsistency, courts overwhelmed by the volume of hearings, unnecessary costs incurred and often the thinly disguised frustration of judges with the process, his conclusion that ‘costs management works’, may come as a surprise. His proposals for reform, including fixed costs ... [More]
Insurers’ proposals for further reform to the PI sector 05 May 2015 Ian-Miller access to justice, costs, Damages, personal injury, politics (0) The Association of British Insurers' website recently set out its top 10 insurance and savings priorities for the next parliamentary session. The most striking of these for personal injury lawyers is the proposal for “Modernising the civil justice system to get compensation to claimants rather than lawyers.” The ABI fleshes this out by suggesting increasing the small claims track limit... [More]
Costs Budgeting - Time for change 05 May 2015 Francesca-ONeill costs (0) Having at first hand experienced the heated battle of CCMCs, in which costs draftsmen and (usually) junior Counsel joust in front of a Master on the level of costs incurred thus far and those yet to come, it seems that change might be in the air. Lord Justice Jackson is preparing a speech / paper on costs budgeting, to be finalised by mid-May. He is looking, amongst other matters, at the circumsta... [More]
Negligence, false imprisonment and a surprising decision on contributory negligence: Liability of a taxi driver to a passenger detained in his vehicle injured jumping out 29 April 2015 Laura-Johnson (0) The case of Hicks v Young [2015] EWHC 1144 (QB) is extremely sad based, as the judge found, on a tragic misunderstanding between a taxi driver and his young passenger. The taxi driver formed the view the claimant and his girlfriend were going to run off without paying so drove away from the claimant's home with him still in the vehicle, intending to "teach him a lesson". The judge foun... [More]