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]
Acceptance of Part 36 offers – what happens if the offer made was a mistake? 16 January 2019 Dominique-Smith case report, courts, cpr, personal injury, procedure, quantum (0) Cases discussing Part 36 offers usually concern whether they were accepted after expiry of th [More]
"May" I serve by email? Did the Supreme Court get Barton wrong? 23 February 2018 Zachary-Bredemear case report, litigant in person, procedure, cpr (0) We have had two cases this week we have had decisions of the Court of Appeal and the Supreme Court g [More]
Part 36 v Part 45 – Which is winning Round 2? 10 November 2017 Ella-Davis case report, costs, cpr (0) The cost consequences on judgment of a Claimant beating a Part 36 offer in a fixed recoverable cost [More]
Does ‘fundamental dishonesty’ need to be explicitly pleaded and/or put to a claimant in cross-examination? 02 November 2017 Max-Wilson costs, cpr, evidence, personal injury (0) These questions have been answered in the recent Court of Appeal decision, Lorna Howlett & Justi [More]
What is “unreasonable behaviour” for the purposes of Small Claims Track Costs? 19 April 2017 Thomas-Crockett case report, costs, courts, cpr, General, LP Costs, LP Procedure (0) If the most recently mooted Government reforms as to the financial limit of the Small Claims Track o [More]