July
Articles matching "motor"
DWF leads the way with Skype trial win against cold calling
Insurers will be interested in remote trials and hearings taking place during the pandemic and will be encouraged to see that we are pressing to defend these cases and using remote means.
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Motor liability: extent of driver's duty to drunk passenger examined
Catherine Kober, Director together with Katie Lacey of DWF's London Office and Marcus Dignum of 12 Kings Bench Walk Chambers acted for the defendant and his motor insurers Markerstudy in a case that…
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Costs: Court of Appeal quashes latest attempt to escape fixed costs
Simon Fisher considers the outcome of the latest attempt by claimants to escape the fixed costs regime in Ho v Adelekun (2019)
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False statements of truth made pre-litigation can give rise to contempt
The Court of Appeal has determined that committal proceedings for contempt of court may be brought by a party despite the fact that the statements of truth on which the committal proceedings were…
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Costs: Court of Appeal guidance on QOCS in mixed claims
The Court of Appeal has recently addressed the issue of whether Qualified One-Way Costs shifting (QOCS) under CPR 44.13-44.16 could be disapplied for mixed claims, that is, claims for personal injury…
Read moreHire claim struck out due to claimant's failure to mitigate losses and claimant ordered to pay the Defendant's costs
A Claimant who had turned down an offer to pay repair costs, had his claim for hire in the sum of nearly £30,000 dismissed as he had failed to mitigate his losses and whilst the Claimant successfully…
Read moreNo right to repayment of costs paid at Stage 1 of Portal process
Insurers are unable to recover the costs that they had paid on cases that were submitted to the Portal, but did not go any further than Stage 1. Delivering the judgment of the Court of Appeal in J C &…
Read moreQOCS dis-applied where Claimant's conduct obstructed the just disposal of proceedings
A Claimant who had been pestered to bring a claim for personal injury under the QOCS regime, following a road traffic accident and subsequently discontinued her claim, had the Notice of Discontinuance…
Read moreExaggeration of injuries sees claim dismissed under Section 57
A Claimant who suffered personal injury as a result of a road traffic accident had her claim dismissed under section 57 of the Criminal Justice and Courts Act 2015 due to fundamental dishonesty on her…
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Jumping away from recovering damages
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