PERSONAL INJURY POINTS 11: THE LOCAL AUTHORITY COULD NOT TAKE INTO ACCOUNT PERSONAL INJURY TRUSTS AND REFUSE TO PROVIDE CARE
Here was have a case where the local authority ceased providing funds for a seriously injured person, indeed they demanded money back. The local authority contended that money in a personal injury trust should properly be taken into account. Further…
COST BITES 349 : THE CLAIMANT SHOULD HAVE BEEN GRANTED 100% OF THEIR COSTS: THE SECRETARY OF STATE’S FAILURE TO COMPLY WITH THE PRE-ACTION PROTOCOL WAS A HIGHLY RELEVANT FACTOR
It is rare for the Court of Appeal to overturn a first instance decision as to costs. We see an example of this happening here. The Upper Tribunal awarded the claimant 75% of his costs of a judicial review application…
PART 36: LIABILITY ONLY OFFERS AND THE COURT OF APPEAL: WE DON’T HAVE CLARITY AND CERTAINTY WE DO HAVE CONFUSION AND AMBIGUITY
Those with long memories will recall the confusion and uncertainty that the Court of Appeal caused in Carver v BAA Plc [2008] EWCA Civ 412 when the concept of a “near miss” was introduced in relation to Part 36. A…
COST BITES 348 : A PARTY SEEKING SECURITY FOR COSTS SHOULD HAVE INCLUDED TIME SPENT IN SETTLEMENT AND ADR
There is an interesting comment at the end of the judgment. The judge made an order for security for costs. However he also expressed concern that the defendant’s estimated costs did not include anything in relation to the costs of…
EXPERT WATCH 35: CLAIMANT REFUSED PERMISSION TO ADDUCE A SUPPLEMENTARY REPORT AFTER THE TRIAL HAD ENDED
There are many (if not all) working advocates who have thought, after a hearing is over, “I could have said that”. The same may well be true of experts. Here we have an attempt to introduce new material in a…
THROWBACK FRIDAY: “EXPERTS: THE JOINT REPORT AND THOSE TROUBLESOME “AGENDAS”: FEBRUARY 2018
There have been several major issues about the way in which the joint meetings of experts are conducted. This includes the problems that occur when the parties cannot even agree on an agenda for the meeting. This post looked at…
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