piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

QOCS does not apply to additional claims

The QOCS rules apply to a single claim against a defendant which includes a claim for damages for personal injury. In Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) ([2014] EWCA Civ 1105) the Court of Appeal held that these rules are not applicable to the entire action in which a claim for damages for personal injury is made. Thus the QOCS rules did not apply to an additional claim under CPR Part... [More]

Costs Budgets and Unallocated Part 8 Claims issued before 22 April 2014

Some further clarity as to when to file costs budgets can be gleaned from the decision of Mr Justice Hickenbottom in the case of Kershaw v Roberts & Anor  [2014] EWHC 1037 (Ch). Here it was argued on appeal from the county court that the first directions hearing in a Part 8 Claim should be treated as the “first CMC” for the purposes of CPR 3.12-14 and thus costs budgets must b... [More]

CPR 3.14 - How Explicit and Draconian?

The notes in the White Book below Civil Procedure Rule 3.14 suggests the “rule is explicit and the consequences of failure to comply Draconian”. The rule itself provides that “Unless the court otherwise orders, any party which fails to file a budget despite being required to do so will be treated as having filed a budget comprising only the applicable court fees.” It ... [More]

The Length of Judgments and the Cost of Litigation

For a number of reasons, the cost of litigation is a hot topic at the moment.   Lord Justice Mummery in giving the lead judgment of the Court of Appeal in Neumans LLP v Andrew Andronikou & Ors [2013] EWCA Civ 916, suggested a way that he and his brethren could assist in ensuring that legal costs are kept to a minimum by judges keeping their judgments as short as possible.   He held ... [More]

Mind the Gap – Part 2

As regular readers will recall, the Health and Social Care Act (HSCA) 2012 received Royal Assent on 27 March 2012. Many of its key reforms take effect on 1 April 2013.   The HSCA has attracted strong opposition from the medical profession. Richard Horton, editor of The Lancet, warned in March 2012 that "people will die" and of “unprecedented chaos” as a result of the reforms t... [More]

After pasties and caravans … CFAs and DBAs?

Is it just me or should we all be concerned about the way in which the legislation to implement Lord Justice Jackson’s recommendations is being introduced?   Why have there been so few announcements about what are, after all, radical and far reaching public policy changes? If we as legal professionals are unsure about the proposed changes, how can we properly advise the public... [More]

Mr 10%

Until recently “Mr 10 %” has probably best been known as a gaming app which can be bought and downloaded onto a smartphone or tablet. The aim of the game is, as an “agent to the stars”, to buy and sell celebrities and make enough profit as quickly as possible to lead the life of the rich and famous. For lawyers, however, “Mr 10 %” is Lord Justice Jackson wh... [More]

Claims and Counterclaims: RTA uplifts and settling on the day of trial

Slade J handed down judgment this week in an appeal concerning the question of whether the claimant's legal representatives were entitled to a 100% uplift on their costs, in accordance with the fixed uplift regime for conditional fee agreements in road traffic cases, where the case settled on the day of trial, but before the trial commenced.  She also addressed the vexed question of... [More]