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.
Category: Blog
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
Hallam Estates and the New Buffer Rule
The recent case of Hallam Estates Ltd and Michael Stainer v Teresa Baker [2014] EWCA Civ 661 is a key decision in which Lord Justice Jackson himself overturned a case management decision refusing relief from sanctions. In light of the criticisms of his reforms, it would appear that Lord Jackson used this case as an… Continue reading Hallam Estates and the New Buffer Rule
Case Review: Kilby v Brown (Birkenhead County Court 2014)
Introduction Claimant solicitors who deal with disputed medical expert fees and commonly use the Part 7 & Part 8 procedure will no doubt be aware of the recent, first instance decision in the case of Kilby v Brown (2014). Facts/Circumstances The case involved a low-value RTA case, which District Judge Peake described as “a couple… Continue reading Case Review: Kilby v Brown (Birkenhead County Court 2014)
Sharon Denby judges the Claims Innovation Awards
Ontime Group’s Director of Costs Sharon Denby was delighted to undertake judging duties for the 2014 Claims Innovation Awards, held at the Midland Hotel in Manchester on 21st May. Her fellow judges were other leading names in the legal sector and together they recognised the very best of the claims industry in categories such as… Continue reading Sharon Denby judges the Claims Innovation Awards
Budget filed one day late: a trivial and insignificant breach
The case of Wain v Gloucestershire County Council & Ors [2014] offers a glimmer of hope for those of us fearfully monitoring the budgeting landscape in the wake of the much-cited Mitchell decision. Somewhat unusually, the judge in this matter took a more sensible approach and granted relief from sanctions for a budget that was… Continue reading Budget filed one day late: a trivial and insignificant breach
QOCS Protection & fundamental dishonesty ruling paves way for increased insurer challenges & more satellite litigation
Qualified One -Way Costs Shifting (QOCS) has been in force since 1st April 2013 and was implemented to go hand in hand with the Jackson reforms in respect of funding and the costs of civil litigation. QOCS have been and continue to be controversial: The essence of QOCS was to remove the need for the… Continue reading QOCS Protection & fundamental dishonesty ruling paves way for increased insurer challenges & more satellite litigation