February
Latest challenge to fixed costs advantages from the Court of Appeal may suggest better options are available
The issue of an extension of the current fixed costs regime is on the cards. It is in that light that what anyway may have been an important decision this week from the Court of Appeal as to how one…
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Cookson v Knowles overturned: multiplier for future dependency to run from date of trial
Judgment was handed down yesterday by the Supreme Court in the matter of Knauer v Ministry of Justice. In departing from the decision in Cookson v Knowles (1978) HL, the Supreme Court held that it is…
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Looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
Read morePart 36 offer for defendant to accept 95%: was this a genuine attempt to settle?
The issue of whether a Part 36 offer is a “genuine attempt to settle the claim” is not new. The Civil Procedure Rules Committee recognised its importance by including it in the 2015 amendments to Part…
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Review of time-limits for raising claims in court
The Scottish Law Commission is to review time bars on civil actions in Scottish courts. This is the first review of this area in decades. It comes on the back of host of cases which saw litigants…
Read moreScotland Court reforms
The first summary sheriffs who will sit under the reformed court structure in Scotland have been named.
Read moreIn a developing market, January’s portal data may suggest new claims at marginally reduced levels, though still close to pre-LASPO peak
Yesterday’s MI release by the Portal Company of the data for January seems to show a consistent picture across all 4 portals of marginally decreasing volumes of new claims whether the analysis is done…
Read moreJackson in Action: case law
In our regular monthly round up of cases we look at the effects of the changes to the Civil Procedure Rules under the Jackson Reforms:
Read morePart 36 offers and recoverable benefits: when is judgment more advantageous?
Andrew Cousins examines the recent Court of Appeal decision in Crooks v Hendricks Lovell Limited (2016) on whether a claimant who successfully reviewed a Certificate of Recoverable Benefits after…
Read moreInner House opinion – NRAM PLC v Jane Steel and Bell & Scott LLP
Jane Steel (“Ms Steel”) acted on behalf of Headway Caledonian Limited (“HCL”) in relation to the purchase of four commercial units in 1997. NRAM granted loan facilities to HCL in connection with the…
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