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Fixed costs; fast track; exceptions ‘This case illustrates that the courts will take a robust approach to illegitimate attempts to escape the restrictions of fixed costs regimes.’ This case provides a salutary indication of the courts’ approach to what is likely to be an increasingly prevalent issue, namely claimants seeking to exit a fixed costs …
Continue reading "Case Report: Qaiyum v Ocado Ltd (Unreported 20 August 2013)"
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Christopher Sharp QC and Matthew White analyse recent developments and provide practical advice ‘Ultimately it may be judicial pragmatism that provides the key (if not a principled solution) to the apparent conflicts in the case law.’ Must a claimant prove that a defendant’s breach of duty caused their loss before being entitled to recover damages …
Continue reading "Breach of duty and causation: Where are we now?"
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Jason Cox reports on s69 of the Enterprise and Regulatory Reform Act 2013 ‘So far as it is possible to ascertain the government’s thinking behind s69 of the Enterprise and Regulatory Reform Act 2013, it appears to be part of an attempt to dismantle the so-called “compensation culture’”. More than 20 years after the introduction …
Continue reading "Statutory Reform: Back to the future"
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Lianne Naughton considers the problems that arise from badly drafted statements and provides advice how to avoid the pitfalls ‘A witness statement should be the witness’ case nailed tightly shut with all questions answered, leaving little for the opposing barrister to cross-examine them upon.’ We have all heard of Call the Midwife and, as we …
Continue reading "Evidence And Procedure: Call the witness"
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Paul Jones investigates a new battle ground – breach of contract ‘In summary, all three of the grounds for the appeal were rejected by the judge and he concluded that the original decision must stand and the claimant was not entitled to any costs from the defendant.’ The law surrounding conditional fee agreements (CFAs) has …
Continue reading "Conditional Fee Agreements: The gift that keeps on giving"
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Kirsty Allen discusses the Official Solicitor’s role in clinical negligence and personal injury proceedings ‘The Office of the Official Solicitor aims to be a “modern, dynamic organisation delivering high quality and efficient client focused services for vulnerable people”.’The Office of the Official Solicitor is widely known for its work representing patients in Court of Protection …
Continue reading "Protected Parties: Lack of capacity"
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Disposal of histological samples; civil proceedings; fair trial ‘It would be good practice for solicitors instructed by claimants in fatal asbestos claims to advise both their clients and the relevant coroner’s office that disposal of histological samples should not be undertaken without confirmation from those solicitors that the samples are not required for the purposes …
Continue reading "Case Report: Matthews v Collins & ors [2013] EWHC 2952 (QB)"
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Andrew Morgan , who specialises in asbestos claims, looks at the hidden cost of the recent reforms ‘So the outcome of the Mesothelioma Bill is not yet assured, but how wonderful that insurers will no longer have to pay success fees in successful claims. Perhaps.’The insurance industry can be forgiven for looking like the fat …
Continue reading "Procedural Reform: Insurers cry Woolf?"
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Georgia Hicks discusses Stylianou v Suncorp and Rome II the Applicable Law in International Personal Injury Law ‘Providing a more manifest connection can be established with the victim’s home country than the country of the accident, claimants may be able to apply their own domestic law.’ The recent case of Stylianou v Toyoshima [2013] has …
Continue reading "Accidents Abroad: Damage v Damages"
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Paul Jones reviews the approach of the court to a qualified one-way costs shifting agreement ‘The recent case of Vava v Anglo American Africa Ltd [2013], while based on the old law, gives an interesting perspective on the whole issue of one way costs shifting, particularly in large personal injury claims.’Qualified one-way costs shifting (QOCS) …
Continue reading "Costs: That’s not fair"
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