News & Updates
Scotland Focus
Our monthly round-up of developments dominating the legal landscape in Scotland.
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Courting Disaster
In April 2018, we reported on the decision in Woodward and Another v Phoenix Healthcare, where the Court retrospectively validated service of a Claim Form after expiry of its validity despite it not…
Read moreDefendants' difficulties when making strike out / summary judgment applications on limitation grounds in professional negligence claims
In 2000, PwC ("the Defendant") was instructed by Mr and Mrs Evans ("the Claimants") to advise on the sale of company shares from a trust.
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Part 36 consequences for beating offer by small margin in costs assessment
In JLE v Warrington & Halton Hospitals NHS Foundation Trust, on appeal, the court has determined that a Master in the Senior Courts Costs Office was wrong to not allow a claimant the 10%…
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In a month dominated by Discount Rate news, monthly Portal data trends remain remarkably stable
The Claims Portal data for June 2019 has now been released with the strapline being, 'steady as she goes'. RTA new claims continue to drop off very slightly with consistent casualty numbers also.
Read moreCosts: Court of Appeal guidance on "new" proportionality test & recovery of ATE premiums
Practitioners have been waiting for Court of Appeal guidance on the "new" test of proportionality in the assessment of costs since it was introduced in April 2013 under LASPO. There was much…
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Discount Rate: Lord Chancellor sets rate at minus 0.25%
The Lord Chancellor has today announced the outcome of the first discount rate review under the new methodology provided for in the Civil Liability Act 2018.
Read moreAll Rise! .. For the FOS
From 1 April 2019, the compensation limit for claims brought before the Financial Ombudsman Service has risen to £350,000. While this may seem a dramatic increase, the new limit only relates to…
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Changes to Road Traffic Act 1988 and declarations of policy avoidance
On 1st July 2019 the Department for Transport placed before Parliament the Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 which will amend the Road Traffic Act 1988.…
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