Discontinue at your peril: obtaining fundamental dishonesty post-discontinuance 28 February 2020 Dominique-Smith case report, costs, courts, cpr, Damages, evidence, Experts, insurance, judges, medical records, personal injury, procedure, road traffic accidents, self represented litigant, whiplash (0) It is frequent occurrence in road traffic claims for defendant insurers to raise allegations of [More]
“Please, sir, I want some more” –The court’s power to revise costs budgets upwards 15 July 2019 Conor-Kennedy case report, costs, cpr (0) In Seekings v Moores [2019] EWHC 1476 (Comm) (May 2019), the Defendant sought to revise his costs bu [More]
Costs Set Off in QOCS cases 04 July 2019 Roderick-Abbott costs, cpr, General, procedure (0) Consider the following, not unusual, scenario. In a case subject to QOCS, a defendant makes an early [More]
Sabotaging your own claim: how Facebook can lead to committal proceedings 20 May 2019 Dominique-Smith case report, committal, contempt of court, courts, cpr, employers liability, evidence, judges, litigant in person, medical records, personal injury, procedure, workplace claims (0) It is commonplace for social media posts to form part of personal injury litigation. They can be pro [More]
High Court dismisses a fundamentally dishonest PI claim: a review of Patel v Aviva and Zurich 17 May 2019 Dominique-Smith case report, courts, cpr, evidence, Experts, insurance, judges, personal injury, procedure, quantum, road traffic accidents, witnesses (0) There have been several interesting judgments concerning fundamental dishonesty that have been hande [More]
Disapplication of QOCS: Is failure to pay the trial fee sufficient? 26 March 2019 Dominique-Smith case report, costs, courts, cpr, judges, litigant in person, personal injury, self represented litigant, Strike Out, travel (0) QOCS, otherwise known as Qualified One-way Costs Shifting, leaves defendants out of pocket when defe [More]
DISCOUNT RATE KLAXON - REVIEW DUE IN AUGUST 2019 20 March 2019 Francesca-ONeill clinical negligence, conditional fee agreements, costs, cpr, Damages, damages based agreements (0) The Lord Chancellor will announce later today that the first review of the personal injury discount [More]
Experts in contempt - amend reports at your peril... 19 March 2019 Dominique-Smith case report, committal, contempt of court, courts, cpr, evidence, Experts, insurance, judges, master of the rolls, medical records, NHS, personal injury, road traffic accidents, whiplash (0) Medical reports are often meticulously scrutinised in personal injury claims. They provide an overvi [More]
Anonymity Orders: balancing privacy with the principle of open justice 15 March 2019 Nicola-Atkins anonymity, clinical negligence, courts, cpr, General, human rights, medical law, personal injury, procedure (0) The High Court has recently considered the circumstances in which it is appropriate to grant anonymi [More]
An Unexpected Relief 01 March 2019 Christopher-Pask cpr, personal injury, procedure, Relief from sanctions (0) Relief from sanctions applications remain an all too common part of litigation, particularly in the [More]