Strategy & Procedure
Review of latest portal data, reforms & new Judicial College Guidelines
The Claims Portal data for October 2019 has now been released, with increases in RTA and EL new claims when taken against the prior month. Taken longer term however, the decline in numbers continues,…
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False statements of truth made pre-litigation can give rise to contempt
The Court of Appeal has determined that committal proceedings for contempt of court may be brought by a party despite the fact that the statements of truth on which the committal proceedings were…
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Costs: Court of Appeal guidance on QOCS in mixed claims
The Court of Appeal has recently addressed the issue of whether Qualified One-Way Costs shifting (QOCS) under CPR 44.13-44.16 could be disapplied for mixed claims, that is, claims for personal injury…
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Covert recordings: reprehensible but relevant and probative
Covert recordings made by the claimant of medico legal examinations were deemed "reprehensible" but "relevant and probative" in the context of a "question mark" raised over the neuropsychological…
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Portal Data for August 2019 shows steady volumes with Brexit uncertainty reaching fever pitch
The Claims Portal data for August 2019 has now been released, with some reductions in RTA and EL/PL new claim numbers. Last month we did mention concern over some of the July figures which was…
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Looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
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Payments on account of costs in respect of issues not yet determined
Steven Dawson and William MacKenzie consider the implications of the judgment in HI v Hull & East Yorkshire Hospitals NHS Trust in which the court made an order for an interim payment on account of…
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Portal Data for July 2019 shows declining claims volumes in the shadow of political uncertainty
Since our last update, an MIB whiplash reforms seminar was held on 30th July, with both the MIB and MOJ on hand to update both sides of the fence on progress made. Despite the change of Prime…
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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 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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