Bizarrely, in a recent case that we dealt with, the answer seems to be that if the accident occurs after the Claimant has refuelled with petrol, what is clearly a slipping accident can be treated in law as an accident that arises out of the use of a motor vehicle. The facts of the case… Continue reading Wide Lines – when is a slip/trip an RTA?
Preparation of the Precedent H… Simples!
Or not as the case is regularly proving to be! Precedent H should come with a cautionary warning it is difficult to use and contains fundamental errors which make it almost useless:
Costs Management in Part 8 Claims
In the case of Ian Kershaw v (1) Marion Roberts (2) James Gerard Jones [2014] EWHC 1037 (Ch) containing a Part 8 claim, the Claimant’s contended that a “directions hearing” was the first CMC and as the Defendant’s served their costs budget late, it should be restricted to court fees only. By way of a… Continue reading Costs Management in Part 8 Claims
Relief from Sanctions – an Eleusinian Mystery or a Herculean Trial?
Sir Rupert Jackson used the anniversary of his eponymous reforms to declare ‘Litigation is a process, not an Eleusinian.’ Some quickly scrabbled for Wikipedia and others shook their head in wonderment at whether Sir Rupert inhabited the same world, let alone the same century, as those working under his new regime.
Hilary Meredith’s Stevie Tatton Wins Our Prize Draw!
Our business card draw has found another winner, this time from the Modern Claims Conference at Stamford Bridge last month. The lucky winner’s name was drawn by Ontime Group’s own Rebecca Stevens, and the Champagne and cooler was presented to Hilary Meredith’s Stevie Tatton yesterday, who promised not to share it with Hilary!
Jackson Reforms – One Year On
We are now over a year on following the significant changes to the Civil Procedure Rules, Practice Directions and the implementation of The Legal Aid Sentencing and Punishment of Offenders Act 2012. Who would have thought this time last year that the MP on the lips of the legal profession would be the MP for… Continue reading Jackson Reforms – One Year On
Medical agency fee breakdowns: Is there really an obligation to disclose?
When dealing with disputed medical expert fees in low value claims, claimant solicitors have heard countless arguments from their opponents that they are required to disclose a breakdown of the medical agency invoice and that they should recover no more than the rate provided in the Medical Reporting Organising Agreement guideline (MROA) for a medical… Continue reading Medical agency fee breakdowns: Is there really an obligation to disclose?
Guideline hourly rates – Guidelines not Tramlines
This week, we focus on the often misunderstood topic of The Supreme Court Costs Office (SCCO) Guideline Hourly Rates. There is more misunderstanding about the SCCO rates than in any other aspect of costs. Quite simply they do not apply to anything other than summary assessment.