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A salutary reminder of Part 36 cost consequences – MRA v The Education Fellowship Limited [2022] EWHC 1069 (QB)

The Claimant, with ASD and ADHD diagnoses, claimed for damages for historic child abuse by a teacher employed by the Defendant. The teacher was prosecuted and sentenced to prison.

The judgment concerns the cost consequences following from the Claimant’s acceptance of a…

NICE publish important new Guidelines dealing with rehabilitation after traumatic injury

On the 18 January 2022, the first NICE Guidelines on Rehabilitation After Traumatic Injury were published. The Guidelines provide valuable guidance and support for specialist rehabilitation following major trauma, highlighting best practice in this field.

The Guidelines address complex rehabilitation needs after…

Children and Protected Parties

A summary of the Practice Note by the Senior Costs Judge: deductions from damages

  1. On 2 December 2021, the Senior Costs Judge, published some helpful guidance on the approval of costs settlements, assessments under CPR 46.4(2) and deductions from damages,…

No horsing around in the care home sector

In ACL v Care Quality Commission [2021] UKUT HC/2729/2019 (ACC), the Upper Tribunal, Administrative Appeals Chamber, has provided helpful guidance on the interpretation of regulation 9 and regulation 15 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (“the…

Ho v. Adelekun [2021] UKSC 43 – set off is a form of enforcement

For some reason QOCS doesn’t stop the court making an order for the claimant to pay the defendant’s costs; it just limits the extent to which the defendant can enforce that order.

So what if the case partially succeeds, but partially fails,…

John Schmitt represents family at the inquest touching Heike Mojay-Sinclare

The inquest has received national press coverage on account of the appalling tragedy of the death and the questions it raised as to how such a death could have been allowed to happen. John was instructed by Vashti Prescott of Kidd Rapinet…

Gaurang Naik helps secure settlement a day before trial

In a tragic and difficult case concerning the death of a 35 year old woman, Gaurang Naik assisted with securing a settlement for the family a day before trial. In this note, Gaurang explains the details of the case.

At approximately…

Success in claim under the Montreal Convention

Max Melsa successfully represented the Claimant, who suffered a serious fall when embarking from Bristol Airport.

The claim was brought under Article 17 of the Montreal Convention 1999, which applies in cases where injury is sustained either on board an aircraft…

Croydon tram crash inquest result

The Croydon tram crash has been an incident that has gripped the country and impacted the lives of so many. Today, the jury at the inquest delivered the result of accidental death. Osbornes Law have provided a press release on this decision…

Stephen Glynn recovers care home fees

In M v. Charringtons Fuel Oils Limited, instructed by Irwin Mitchell, Stephen acted for the family in respect of a fatal mesothelioma claim where the widow of the deceased had to go into residential care because of aggressive dementia.  Her husband would…

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