New rules to fix the costs of obtaining medical reports in low-value personal injury claims arising from road traffic accidents came into force on 1 October 2014. Minister for State Justice, Lord Faulks QC, believes that fixing costs for medical reports in whiplash claims is an integral step towards controlling litigation costs. The new rules will… Continue reading Whiplash Reform – Fixed Costs for Medical Reports
Author: Ontime Reporting
Recovery of Additional Liabilities: Breach of Human Rights?
On the 23rd July 2014, Lord Neuberger dealt a potentially fatal blow to over a decade of litigation. Sitting as President of the Supreme Court in Coventry v Lawrence (No 2) [2014] UKSC 46, Lord Neuberger suggested that the pre-Jackson regime of recoverability of additional liabilities such as success fees and after-the-event (ATE) insurance premiums… Continue reading Recovery of Additional Liabilities: Breach of Human Rights?
Provisional Assessment – Is it working?
It has been over a year now since the implementation of provisional assessments, one of the recommendations made by LJ Jackson. The aim of the reforms was to introduce a way of dealing with contested costs (in cases where the amount of costs claimed is £75,000.00 or less) quickly and efficiently for both the court… Continue reading Provisional Assessment – Is it working?
Under the Spotlight… A Review of Points of Dispute Post Jackson
We are now over a year on post Jackson and so far there appears to have been little feedback with regard to the Court’s approach to Points of Dispute and Replies and any resulting applications. Alongside the introduction of Provisional Assessment, the rules relating to Points of Dispute and Replies were redrafted to ensure that… Continue reading Under the Spotlight… A Review of Points of Dispute Post Jackson
The New 3 Stage Test
The Court of Appeal rewrites Mitchell in “the Denton test”. Last Friday afternoon the Court of Appeal handed down judgment in three appeals (Denton v T H White; Decadent Vapours v Bevan; Utilise v Davies [2014] EWCA Civ 906). The judges, including Lord Justice Jackson and the Master of the Rolls Lord Dyson, placed the… Continue reading The New 3 Stage Test
High Court upholds decision to slash Success Fee from 75% to 30%
The High Court in Bright v Motor Insurers’ Bureau [2014] EWHC 1557 reinforced the decision by Costs Judge Master Rowley to reduce the Success Fee claimed by the Claimant from 75% to 30%. The case, which was brought by Irwin Mitchell, concerned a pedestrian who was left tetraplegic when a car reversed into her.
Statement of Truth signature – Nullity or Irregularity?
There is yet more evidence that the post Mitchell world is not as robust as once anticipated, following the recent judgment of the High Court in Americhem Europe Ltd V Rakem Ltd [2014] EWHC 1881 (TCC). The now infamous Mitchell judgment placed so much emphasis on “ensuring compliance with rules, orders and practice directions”, that… Continue reading Statement of Truth signature – Nullity or Irregularity?
Much Ado About Jackson
So it was that Jackson LJ, striding forth like Alexander the Great in front of the Phrygians to solve the Gordian Knot, handed down his decision in Hallam Estates v Baker [2014] EWCA Civ 661. Possibly, Sir Rupert mused upon the words of Shakespeare in Henry V; ‘Turn him to any cause of policy, The… Continue reading Much Ado About Jackson