Case report: Ketchion v McEwan (2018) unreported, Newcastle upon Tyne County Court, HHJ Freedman, 28 June

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | November 2018 #170
Costs recovery; QOCS protection; counterclaims ‘A claimant who successfully established a claim for catastrophic injuries would not recover a penny of costs if the defendant happened to have even a weak counterclaim for minor whiplash.’ This recent costs case, if correctly decided, has dramatic and far-reaching implications for personal injury litigation. This article will consider …

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Case Report: Prescott v Trustees of the Pencarrow 2012 Maintenance Fund (2017) unreported, Plymouth County Court, District Judge Richards, 12 June

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | July/August 2017 #157
Fixed costs regime; road traffic accident; non-road user; pre-action protocols; public liability claims, simple fast-track claims ‘The claim was straightforward and low value. The costs should be proportionate and the court’s time allotted to this matter limited.’ This decision provides important clarification as to the scope of the fixed costs regime (FCR) at CPR Part …

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Personal Injury Protocols: Sticking to the rules

Elite Law Cost Drafting | Personal Injury Law Journal | April 2017 #154
Brian Dempsey examines the rigid application of the fixed recoverable fees regime ‘The Court of Appeal has been consistently clear that the certainty provided by the careful scheme of fixed costs in CPR 45 would be undermined if the court was to apply the discretion provided by CPR 44 to decide whether to allow or …

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Pre-Action Disclosure: In a fix

St John’s Chambers (Chambers of Matthew White) | Personal Injury Law Journal | March 2017 #153
Marcus Coates-Walker describes Sharp v Leeds CC where it was decided that fixed costs apply to the costs of a PAD application in ex-protocol cases ‘The starting point in these cases is to limit the recovery of costs to the fixed rates, subject only to a very small category of clearly stated exceptions.’ In the …

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