February 2015 #132 – Law Journals

QOCS: A costly situation

Gareth Price explores the situations in which QOCS protection might be forfeited ‘Where the “claim” is found, on the balance of probabilities, to be fundamentally dishonest, an order for costs may be enforced to the full extent with permission from the court.’ The effect of qualified one-way costs shifting (QOCS) is that any costs order …

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Costs: Winners and losers

Paul Jones sets out a court’s cost options after a case that is only a partial success ‘The court concluded that the claimant was the successful party on liability but the defendant was the successful party in relation to quantum.’ A not uncommon issue in relation to costs in personal injury claims is what costs …

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Psychiatric Injury: For the greater good?

Liam Ryan discusses summary dismissal, psychiatric injury and remoteness ‘While Mr Yapp was not successful with regards to his claim for psychiatric injury it needs to be remembered his claim for unfair dismissal succeeded.’While stress at work claims where a claimant has been exposed to a lengthy and continuous period of stress recently benefited from …

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Case Report: Chief Constable of Hampshire v Southampton City Council [2014] EWCA Civ 1541

Limitation; Civil Liability (Contribution) Act 1978; date cause of action accrues ‘If in any doubt whatsoever about when limitation expires, assume it expires on the earliest possible date and start proceedings before then.’This case determined a short but important point as to when the limitation period runs (and therefore expires) in respect of a claim …

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Multiple Defendants: Who to sue?

In the second of two articles Linda Jacobs looks at legal liability in multiple defendant claims ‘Where two or more tortfeasors cause different damage to the claimant, the causes of action are distinct from one another. The claimant can sue each defendant, but can only recover the extent of the damage for which each tortfeasor …

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Client Care: Predicting the cost of clinical case management

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Claire Booth considers the diverse role of the case manager and the factors that help predict the cost of case management for clients with complex needs, prior to and following settlement of a claim ‘Each client’s recommendations will be different depending on individual circumstances and there is not a magic figure for a spinal injury, …

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