Strategy & Procedure
Court of Appeal and fixed costs: claimants not entitled to indemnity costs where defendants accept Part 36 offer out of time
After years of conflicting decisions we now have authoritative guidance from the Court of Appeal as to the applicable costs consequences when a defendant accepts a Part 36 offer out of time where the…
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Government remain bullish on whiplash reform, but with an extended timeline
On Monday night the government published their response to the Justice Select Committee's report on the Small Claims Limit for Personal Injury and in doing so announced a delay in the implementation…
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An unconvincing performance in a plotline full of holes
DWF has successfully obtained a finding of fundamental dishonesty against a claimant who was found to have fabricated the vast majority of a personal injury claim for £850,000 following what was…
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Civil Liability Bill passes the Lords and is off to the Commons with only limited changes
The Civil Liability Bill received its Third Reading yesterday and is now off to the Commons. At the Bill’s Report Stage earlier this month Lord Beecham, the opposition justice spokesman predicted that…
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Looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
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Credibility of witnesses and fundamental dishonesty: two fraudulent claims dismissed on appeal
The High Court recently considered the issue of fundamental dishonesty under section 57 Criminal Justice and Courts Act 2015 ("s.57"), with differing results, in two appeals from judgments given by…
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Latest portal data suggests trend of reducing RTA volumes may be coming to an end while PSLA hits record levels
The release of May's portal data allows an updated review of the latest claims trends and demonstrates the emergence of what are likely to be new trends which can be set against the back drop of the…
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Civil Liability Bill House of Lords Report stage: what the press didn't report and what's outstanding
It is fair to say that the whiplash provisions of the Civil Liability Bill have had star billing in the reporting of the recent House of Lords stages and those in Legal Futures and the Gazette were no…
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Civil Liability Bill - first significant government concession sees whiplash definition moved into the Bill
The Civil Liability Bill returns to the House of Lords next Tuesday 12 June to begin its report stage.
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Looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
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