WHEN AN EMAIL FROM A SOLICITOR IS EVIDENCE OF LOSS: EVIDENCE AT THE STAGE 3 STAGE CONSIDERED ON APPEAL
I am grateful to barrister Sarah Robson for bringing my attention to the decision of HHJ Jarman QC in Akram v Aviva Insurance Ltd [2021] EW Misc 16 (CC). This is a case that highlights the flexibility the courts have…
YOU CANNOT CLAIM ADDITIONAL COSTS AFTER A SECOND CNF IS SENT IN THE PORTAL PROCESS: DISTRICT JUDGE DECISION
I am grateful to barrister James Miller for sending me a copy of the decision of District Judge Rouin in Thandi -v- Esure Services Ltd (9th June 2021). Thandi v Esure – Approved Judgment – 09.06.21 V1 The claimant…
EXCEPTIONAL CIRCUMSTANCES OUST FIXED COSTS: £350,000 CASE SHOULD NEVER HAVE BEEN IN THE PORTAL
I am grateful to barrister Sarah Robson for sending me a copy of the decision of District Judge Jackson in Jackson -v- Barfoot Farms (Canterbury County Court 29th November 2017, a copy of which is available here Jackson v Barfoot). …
A MONTREAL CONVENTION CLAIM DOES NOT FALL WITHIN THE PORTAL: FIXED COSTS DO NOT APPLY
I am grateful to Peter Bland from Scott Rees, solicitors, for sending me a copy of the decision in Mead -v- British Airways Plc*. Mead v BA template – Final 15 August 2018 (1)This considers the issue of whether a…
QADER IN THE COURT OF APPEAL: FIXED COSTS NO LONGER APPLY TO ACTIONS ALLOCATED TO THE MULTI TRACK
Perhaps the most surprising thing about the decision of the Court of Appeal in Qadar -v- Esure [2016] EWCA Civ 1109 is the route that had to be taken to get to the result. The Court of Appeal added, to…
A DISPOSAL IS A "TRIAL": COURT OF APPEAL DECISION TODAY
Several people have kindly sent me details of the Court of Appeal decision in Bird -v- Acorn Group Limited [2016] EWCA Civ 1096. The Court considered whether a matter listed for a disposal under the EL/PL Protocol was a “trial”…
WHAT IS THE POINT OF THE PORTAL? INSURERS CONTACTING CLAIMANTS DIRECTLY: STILL
I post (with his permission) a letter from Kerry Kirkbride. It relates to the regular issue of insurers ignoring claimant solicitors and writing to claimants directly after notification on the Portal. WHAT IS THE PURPOSE OF THE PORTAL? “I am…
ADMISSION UNDER THE PROTOCOL AND PORTAL MAY NOT BE BINDING IN SUBSEQUENT PROCEEDINGS
Is an admission made by an insurer under the Portal binding on the parties in a future action? In September last year we looked at the case of Ullah -v- Jon where a district judge held that an admission was…
PORTAL ISSUES: WHAT HAPPENS IF THE DEFENDANT DOESN'T PAY THE COSTS?
It is clear that a new jurisprudence is developing around behaviour in, or around, the portal. A previous post looked at how the court will construe procedural issues arising out of the portal. I am grateful to Tom Melville of…
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