87 results
How to be fundamentally dishonest and get away with it - 24th of May, 2018
I will be giving a talk on Fundamental Dishonesty within personal injury litigation at Lamb Chambers on the 24th of May. The talk starts at 5.30 pm. There is no charge for attendance, though places are strictly limited. Most importantly, I am advised by my clerks that wine will be provided more...
Costs Consequences where the Portal Should Have Been Used
In this new era we are all very much alive to potential costs issues before a case even gets off the ground. It is widely known that exiting a pre-action protocol where it was unreasonable to do so is likely to limit costs to fixed portal costs. However, what is the position where a claim doesn’t more...
Approval of Protected Party Settlements and Ability to Withdraw Not Incompatible With Human Rights
Parties are still feeling the effects of the change in discount rate back in March. In the case of Revill v Damiani [2017] EWHC 2630 (QB) the court permitted the Defendant to resile from a settlement agreement reached in a protected party claim. Whilst it may be unusual for parties to seek to void more...
Washing Machines, Oil Rigs and Waste – Health & Safety Investigations and Enforcement Update – Spring 2018
The new year has begun with three important appeal decisions that will be of particular interest to anyone practising in Health and Safety (“H&S”) law. They cover subjects as wide ranging as sentencing, enforcement notices and litigation privilege that are also relevant to a much wider spectrum of more...
Fixed Costs v Indemnity Costs
Last week, the Court of Appeal, in the conjoined appeals of Broadhurst & Taylor v Tan & Smith [2016] EWCA Civ 94, settled the argument over which type of costs were applicable in the situation where, in a CPR 45, Part IIIA case (fixed costs cases where the claim started in the RTA or EL/PL protocol, more...
No Fixed Costs on the Multi-Track - Qader & Ors v Esure Services Ltd [2016] EWCA Civ 1109 considered
Over the last year or two a common issue in regards to costs in RTA litigation has presented itself at the allocation stage: whether the fixed costs regime continues to apply to a case which no longer continues under the RTA Low-Value Personal Injury Protocol but is allocated to the multi-track more...
NO REQUIREMENT TO PLEAD FUNDAMENTAL DISHONESTY: Lorna & Justin Howlett v Penelope Davies & Ageas Insurance Limited [2017] EWCA Civ 1696, CONSIDERED.
The Court of Appeal confirmed that there was no obligation to expressly plead fundamental dishonesty in order to invite the court to make such a finding at trial. In this case, a claim for personal injury following an alleged road traffic accident, the [Second] Defendant insurer had advanced a put more...
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