2020
Reforms watch and analysis of portal data & civil justice statistics
After the February hiatus, Claims Portal Co have released the latest Portal statistics showing a downward trend across the board. We also have the recent quarterly civil justice statistics and review…
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Looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
Read moreReforms Update – Delay finally announced, with the added bonus of some outstanding policy decisions as well
Today we have finally had confirmation from the Lord Chancellor that the reforms are being delayed to 1 August 2020 – link here: Implementation of the Whiplash Reform Programme - GOV.UK
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Scotland Focus
Our monthly round-up of developments dominating the legal landscape in Scotland.
Read moreCourt of Appeal upholds strike out of deafness claim following failure to restore dissolved company to the Register
Patrick McBrien acted for the defendant and its insurers in Cowley v LW Carlisle Company Limited where we have just had judgment from the Court of Appeal. The claimant brought an occupational deafness…
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Freebies for friends? Burgess v Lejonvarn revisited – Indemnity costs
The Court of Appeal allowed a defendant to recover costs on the indemnity basis in circumstances where reasonable claimants should have concluded that their claims were so speculative or weak that…
Read moreThe Lugano Convention: Jurisdiction & Enforcement Post-Brexit
The UK has now officially left the EU and entered the transition period, which is expected to end on 31 December 2020. This may raise a number of questions for insurers regarding the legal landscape…
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Costs: Clarifying the EL/PL Portal Exemption for "damages in relation to harm, abuse or neglect of or by children or vulnerable adults
The SCCO has recently provided some useful guidance on the application and interpretation of the exemption from the Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public…
Read moreMake sure your Part 36 offers are valid in detailed assessment proceedings: Follow this guidance as set out by the Court of Appeal
The Court of Appeal has confirmed that an offer which is made exclusive of interest cannot be a valid Part 36 offer: King v City of London Corporation [2019] EWCA Civ 2266. There have been a number of…
Read moreSuccess Fees regulated in Scotland from 27 April 2020
This week the Scottish Government published The Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (Success Fee Agreements) Regulations 2020, which will see the formal regulation…
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