FURTHER UPDATES TO HMCTS GUIDANCE ON USING THE DAMAGES CLAIM PORTAL: RAISING QUERIES WITHIN SYSTEM; INFORMING THE PORTAL OF SETTLEMENT AND PARTIAL DISCONTINUANCE (NOT EXCITING, BUT IMPORTANT…)
A few days (sometimes even a day) can be a long time in civil procedure. I wrote about the updated Guidance to the Damages Claim Portal at the end of last week. Today I am writing to tell you it…
CLAIMANT WHO FAILED TO USE THE PORTAL WAS UNREASONABLE AND HAS TO FACE THE MUSIC: FIXED COSTS APPLY
I am grateful to Gemma Blackburn from DWF Law for bringing my attention to the judgment of Costs Judge Haworth in Harford v Music Store Professional UK/DV247 Ltd [2021] EWHC B17 (Costs). “I am satisfied that in this case…
MISTAKES IN THE PORTAL: “ROUGH JUSTICE” AND ERRORS IN OFFERS: CLAIMANT’S CLAIM STRUCK OUT AS AN ABUSE OF PROCESS
I am grateful to barrister Matthew Turner for bringing my attention to his report of the case of Mahoney v Royal Mail (DDJ Doman, Truro CC, 26/05/20) it is another example of mistakes being made in offers. In this case…
UNREASONABLE FAILURE TO USE PROTOCOL WILL LEAD TO FIXED COSTS BEING AWARDED: COURT OF APPEAL DECISION: CPR 44 RULES THE DAY
In Williams v The Secretary of State for Business, Energy & Industrial Strategy [2018] EWCA Civ 852 the Court of Appeal considered the issue of the personal injury protocol and fixed costs. It was held that CPR 44 has sufficient width…
QADER 2: REMAINING PROBLEMS AND ISSUES: THE CONTINUING DEBATE
The post yesterday on the Qader decision has led to a large number of comments. These are easy to overlook. I have placed the comments here since these outline the issues that remain unresolved. I have added some sub-headings, but…
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