February 2020 #182 – Law Journals

Evidence: Covert recording in a PI claim

Grace Nicholls considers the implications of a recent case that concerned the recording of medical examinations by the claimant ‘While noting that the covert recordings of Mr M and Mr K were “reprehensible”, the judge observed that the evidence obtained through the recording of Dr T’s examination was highly relevant and probative, indeed as were …

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Service: Late delivery

Applications for extensions of time for service of a claim form are risky and should be avoided. Ian Meikle reports on the latest Court of Appeal guidance ‘The reason given for the need for more time was simply “there have been delays in arranging for service of the documents”. No witness statement was served with …

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Payments on account of costs: Putting the cart before the horse?

Long-running litigation can cause cash-flow issues for firms. Harriet Wakeman examines when an application for an interim payment on account of costs will be successful ‘In circumstances where quantum had not yet been determined, did the court have the power to make an order for the payment of costs?’ In HI v Hull & East …

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Motor insurance: Racing exclusions in motor policies

John McDonald explores the interesting area of insurance policy exclusions and who ultimately ends up footing the bill ‘Even if an insurer can establish that the racing exclusion in its policy wording is on its face effective to exclude cover in respect of the activity being carried on by its insured at the time of …

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Psychiatric injuries: A forgotten primary victim remembered

Ann Houghton and Richard Baker outline the complexities involved in pursuing a claim for an involuntary participant ‘Adding “involuntary participant” to the claimant practitioner’s armoury is not fostering a compensation culture: it is enabling victims to seek recourse under a long-standing doctrine which the highest courts have recognised for decades.’ As all practitioners know, facing …

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Costs: What’s interesting about Part 36 offers?

Paul Jones highlights the importance of compliance with the precise wording of Part 36 for an offer to be valid ‘The offer in this case was expressly exclusive of interest and so did not comply with CPR 36.5(4), was not a valid Part 36 offer and, therefore, did not engage the enhanced costs provisions of …

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Clinical negligence: Wrongful birth: a complex anomaly

Julian Matthews looks at the rules limiting recovery of damages in such cases, and practical issues relating to the quantification and management where a claim can be made ‘A wrongful birth claim based upon a negligent failed sterilisation, or failures in relation to antenatal screening, where there is then a disabled child born, is likely …

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Case report: Ho v Adelekun [2019] EWCA Civ 1988

Contracting out of fixed costs; Part 36 offers; RTA Protocol ‘This decision provides welcome clarity as to the limited circumstances in which fixed costs will be disapplied by implication.’ This case concerned the application of the fixed costs regime for ex-Protocol cases at sIIIA of CPR Part 45, following acceptance of an ostensible Part 36 …

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