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Applications to withdraw pre-action admissions – prospects of success, prejudice and the administration of justice

Practitioners will be aware of the matters a court is to have regard to in deciding whether to give permission for an admission to be withdrawn at paragraph 7.2 of CPR 14PD, namely:

a) the grounds upon which the…

Life Expectancy Evidence in Personal Injury Claims: Case Update

In the recent hearing in Dodds v Arif & Anor [2019] EWHC 1512 (QB) Master Davison refused the defendant’s application to rely on a specialist report in relation to the claimant’s life expectancy and gave a helpful overview of the principles involved…

Explained: Boris Johnson summoned to court on allegations of Misconduct in a Public Office

Boris Johnson has, once again, hit the headlines. This time, the former Foreign Secretary and Brexit campaigner has been summoned to court, following an application by Mr Marcus Ball, to face three offences alleging misconduct in a public office. The full decisions…

Helen Pooley considers the decision in Shelbourne v Cancer Research UK [2019] EWHC 842

Vicarious Liability Revisited

We might still be seven months away from the beginning of the festive period 2019 but those that are already thinking about their work Christmas parties might be interested in this recent High Court decision.

The Facts

In December…

Oliver Millington considers the important Court of Appeal decision in Tuson v Murphy

To what extent should a claimant’s dishonest and misleading conduct regarding her ability to work make her liable for costs incurred prior to the date of expiry of a Part 36 offer accepted after the 21-day period? That was the key issue…

When a PPO is not reasonably secure

The Claimant was injured in an accident in the course of his employment and sued his employers. Liability was admitted. He suffered a stroke as a result of the accident and, as a consequence, was a protected party. There was an anonymity…

Settling outside the Claims Portal: do fixed costs still apply?

Summary

Where a claim which is inappropriately started outside the relevant portal is settled before issuing proceedings, its costs may be limited to those recoverable under the relevant portal.

Facts

The claim was for noise induced hearing loss and the Claimant had…

Holly Tibbitts considers the important Court of Appeal decision in Cartwright v Venduct Engineering

How does the QOCS regime operate in a case where there are multiple defendants and the claimant succeeds against some but not others? Does the Claimant still have QOCS protection against the defendants against whom she has lost? Or are those defendants…

Hacked off with Costs Budgeting?

Introduction

In Various Claimants Including (1) John Leslie (2) Chantelle Houghton v MGN Limited [2018] EWHC 1244 (Ch) Chief Master Marsh gave a detailed judgment concerning costs budgeting in 2 claims arising from phone hacking of the former Blue Peter presenter John…

MOJ provides further guidance on the likely timing of a change in the discount rate

On 24th April 2018 the Civil Liability Bill had its second reading in the House of Lords. A transcript of the debate can be found here.

Of greatest interest to practitioners will be the comments by Lord Keen (Lords Spokesperson…

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