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Paul Jones highlights technical challenges to the MoJ scheme that will face an uphill struggle ‘The court held that, absent an express provision dealing with a failure to comply with para 6.10, there was no automatic exiting of the MoJ portal where there was non-compliance.’ As the debate surrounding reform to the legal costs system …
Continue reading "Costs: The other fixed costs regime"
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Robert Weir QC explores the tactics and pitfalls involved in running a personal injury case he recently settled for a locked-in client. ‘In 2011, Miss W made a crucial interim payment application seeking enough funds to allow her to pay for her own private care regime. It was essential to Miss W’s case to be …
Continue reading "Unlocking Damages: Compensation in catastrophic injury cases"
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Philip Turton provides practical advice for claimants and defendants ‘In a case where the claimant has not issued proceedings in time, an appropriate paragraph in the defence identifying that fact, and pleading expressly that the claim is statute-barred by s11(4) of the Limitation Act 1980, should be enough to “get the ball into play”.’The expiry …
Continue reading "Burden Of Proof: Pleading limitation"
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Anna Macey considers the limits of recovery ‘Ex turpi causa is rarely used in RTA claims because there are policy arguments in favour of allowing an individual to succeed in their claim for damages, not least to prevent the costs falling on the state.’ In a recent case the Court of Appeal held that ex …
Continue reading "RTA: MIB agreement"
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Vaughan Jacob reviews the practical implications of the decision in Bent v Highways and Utilities Construction ‘A claimant can claim interest if they have proved that they have suffered loss of money by reason of the defendant’s tort, subject to remoteness and a failure to mitigate.’On 24 November 2011, the Court of Appeal handed down …
Continue reading "Credit Hire: Bent back to basics: end of the spot hire rate"
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Matthew Hoe examines the latest guidance for assessment ‘Defendants will be prepared to pay for some elements of children’s small claims costs but not all. There is a dividing line to be drawn between those costs that relate to the damages claim and those that relate to the approval.’ With almost 800,000 road traffic accident …
Continue reading "Infant Settlements: Recovery of costs"
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Colm Nugent contemplates the burden of proof required to establish the statutory defence ‘In support of the section 58 defence, the Highway Authority will (normally) rely upon the classification of the area of highway concerned and the frequency of the inspection in accordance with the “New Code of Practice for Highways Maintenance”.’Highway tripping cases fall …
Continue reading "Highway Actions: Attacking the section 58 defence"
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Bill Braithwaite QC discusses the essential ingredients for effective case preparation ‘It may seem odd, but I believe that advocacy, in its wider sense, is just as important out of court as it is when presenting to a judge – if not more so.’ I would like to start the year with an exploration of …
Continue reading "Advocate’s Advice: Good teamwork"
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Paul Jones considers the date from which interest should run ‘In 2011 there were a number of decisions, including Gray v Toner [2011] and Motto & ors v Trafigura & anor [2011], that held that, where a case was funded by a CFA, interest should not run from the date of the order but should, …
Continue reading "Costs: Interesting times"
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Stephanie Prior explores the road to recovery ‘PIP was shut down and its product was banned last year, after it became apparent that the company was using non-authorised silicone gel that caused abnormally high rupture rates of these implants.’ In December 2011, an article was published in the National Post (‘Breast-implant-safety fears spread worldwide on …
Continue reading "Cosmetic Surgery: The PIP breast implant controversy"
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