piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Paying the (full) price? Underpaid fees and limitation periods

If you pay less than the appropriate fee when issuing your claim before the expiry of the limitation period is your claim in time? Or do you pay the price by being statute barred?   On 7 April 2016 Warby J. sitting in the QBD was asked to determine a summary judgment/strike out application in case called in Bhatti v Asghar which raised this issue.   The claimants in this breach ... [More]

Long live the Litigant in Person

Some of the readership may have heard there was a move by the Civil Justice Council to rebrand LiP’s “Self Representing Litigants”.   This is now not going to happen. Lord Dyson, Master of the Rolls has stated:   “The term ‘Litigant in Person’ (LiP) should continue to be the sole term used to describe individuals who exercise their right... [More]

The growing perils of litigating on a CFA without ATE...

The High Court has continued chipping away at the iniquitous (as some see it) situation where an impecunious claimant can bring proceedings on a CFA without ATE insurance protection. So if the claimant wins, the costs are paid, if the claimant looses – too bad, the defendant is left to sing for their costs incurred in defeating the claim.   A number of defendants faced with this situati... [More]

All going swimmingly

In Woodland v Swimming Teachers Association and others [2011] EWHC 2631 Counsel for the Claimant contended that that a local authority owed a non-delegable duty of care to its pupils such that it was responsible for the actions of non-employees who had dealing with its pupils during the course of the school day - in this case a swimming pool lifeguard at a swimming pool away from the school a... [More]