December 2013/January 2014 #121 – Law Journals

Costs: Fixed or standard basis costs; two sides of the same coin

Paul Jones considers the need to take care drafting consent orders but highlights the courts’ reluctance to allow parties to side-step the rules ‘It was within the court’s power, when assessing costs on the standard basis, to have regard to the costs that would have been payable had the claimant complied with the RTA protocol.’ …

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Case Report: Qaiyum v Ocado Ltd (Unreported 20 August 2013)

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 …

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Mediation: An invitation to be ignored at your peril

Deirdre Goodwin looks at the costs consequences of a refusal to mitigate six years after Halsey ‘PGF shows that the courts are unprepared to tolerate parties unreasonably failing to consider ADR, and there will be cost consequences for not responding to an offer to mediate.’ The case of PGF II SA v OMFS Company 1 …

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Advocate’s Advice: The assessment of mental capacity following traumatic brain injury

Bill Braithwaite QC discusses the basic requirements ‘The lawyer must make an initial assessment whether it is, or may be, appropriate to consider whether their client may not have mental capacity; they do not have to come to a firm or concluded view.’ Ihave a strong impression that the assessment of mental capacity in catastrophic …

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Road Traffic Claims: Accident reconstruction and seat belts

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Steve Parkin examines the evidential issues ‘There are various factors that an accident reconstruction expert will consider to determine whether an injured party was a restrained passenger, and, if they were not, would their injuries have been reduced or avoided had a seat belt been worn.’ An issue that often arises as a result of …

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Surveillance: Someone is watching you

Sandra De Souza reviews recent case law and insurers’ willingness to reopen cases where fraud is suspected ‘Clients should be informed at an early stage that if they are caught performing an action that is inconsistent with their witness evidence, their claim will be affected and, in the worst case, they will be found guilty …

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Cauda Equina Syndrome: The key to diagnosis

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David Porter explains the urgency in management of this condition to prevent progression from incomplete to complete syndrome ‘This disability will often lead to difficulties within relationships, social interactions and have effects on employment capacity with often an adverse impact on an individual’s earning capacity.’In this article I shall consider the following questions: What is …

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