Strategy & Procedure
Looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
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Gastric Illness and the new Draft Pre-Action Protocol
Issues surrounding holiday sickness claims and the action being taken to address them, focusing on the new draft Pre-Action Protocol for the Resolution of Gastric Illness Disputes.
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Second High Court decision shows increasing importance of fundamental dishonesty
Stratos Gatzouris reviews the recent decision in Razumas v Ministry of Justice (2018), in which the High Court has followed January's decision in London Organising Committee of the Olympic and…
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Part 36 Offers and the effect of their withdrawal
The High Court has recently been required to address on appeal, the issue of the effect of a withdrawn Part 36 Offer where a claimant has failed to achieve a judgment more advantageous than the…
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Civil Liability Bill arrives in a form capable of achieving reform to key issues of whiplash and discount rate
The long-awaited publication of the Civil Liability Bill has taken place. Each of the two parts of the Bill are designed to have a positive effect in reducing the cost of motor insurance and so from…
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High tension
The past few years have seen some tension between CPR Part 36 and CPR Part 45, and judges (and sometimes the same judge) have come to different views on which section wins. Will Balfry takes a look at…
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More early signs of stabilising levels of new claims as the time for the Civil Liability Bill draws near
The latest data releases from Claims Portal and from the Ministry of Justice allows us to consider latest claims trends as we continue to look forward to publication of the Civil Liability Bill to…
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Jackson in action
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:
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Looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
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Part 36 Developments
A look at recent cases on, escaping the usual costs consequences and what constitutes a genuine attempt to settle
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