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Re: T [2020] – Cardiff District Registry: Alternatives To the Use of the Court of Protection in Borderline Capacity Cases

The Problem

The necessary mechanism to manage an award of damages secured on behalf of a protected party can give rise to a number of practical difficulties, particularly where the damages have been reduced due to contributory negligence or…

A Bad Rule, Misunderstood: 8BPD9.1 and Applications to Dismiss

Over the past months, a number of Claimant solicitors have approached the author seeking representation at hearings to oppose dismissal of Part 8 (RTA and EL/PL Protocol “Stage 3”) Proceedings. In these cases, Defendants have sought dismissal mostly due to a failure…

Andrew Ritchie QC and Laura Begley secure a multi-million pound settlement 13 minutes before expiry of their Calderbank offer

Andrew Ritchie QC and Laura Begley secure a multi-million pound settlement 13 minutes before expiry of their Calderbank offer 2 days before a 10 day trial in a paraplegia case after two failed JSM’s and a mediation.

The claimant was…

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be aware of the matters a court is to have regard to in deciding whether to give permission for an admission to be withdrawn at paragraph 7.2 of CPR 14PD, namely: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

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