News & Updates
QOCS: refusal of permission to appeal suggests parties counterclaiming for personal injuries may be able to escape costs liabilities
Steven Dawson and David Brown look at the recent QOCS case of Ketchion v McEwan (2018) and the implications for defendants.
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Scotland Focus
Our monthly round-up of developments dominating the legal landscape in Scotland.
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Supreme Court extends duty of care to non-clinical hospital staff
In Darnley v Croydon Health Services NHS Trust (2018), the Supreme Court held that an NHS hospital trust’s duty of care extended to providing accurate waiting times to patients attending A&E. Will…
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1 – 0 To The Contractor
In a recent TCC decision, O'Farrell J held that a collateral warranty had retrospective effect, so as to effectively incorporate the terms of the original construction contract and to ensure that the…
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The Discount Rate: The Channel Islands lead again
Is 26 October 2018 the date when personal injury practitioners and insurers finally marked a rebalancing of the debate on discount rates that has been rumbling on for far too long?
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Useful appeal judgment on proportionality provides clear and practical guidance pending input from the Court of Appeal
As to how to operate the test of proportionality it was appropriate at detailed assessment having initially assessed a party's bill for the judge to step back in order to go through the relevant…
Read moreASHE: 2018 provisional results – care costs continue to rise driven by National Living Wage increases
The latest ASHE figures (the final figures for 2017 and the provisional figures for 2018) have been published today (25 October).
Read moreCivil Liability Bill: House of Commons final stages passed with clear majorities despite concerns
Yesterday the Civil Liability Bill successfully passed through its remaining stages in the House of Commons and now enters ping pong between the Commons and the House of Lords who will consider the…
Read moreCosts budgeting: partial budgets and sanctions
William MacKenzie looks at the recent costs budgeting decision in Page v RGC Restaurants Ltd (2018) and highlights the importance of filing a full budget to avoid sanctions.
Read moreLatest new claims intake data shows RTA and PL claims continuing to move towards stable levels while incoming reforms explain trend of increasing EL volumes
We return again to the MI released by Claims Portal and look at what the data for the month of September tells us about current claims trends.
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