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Howard Elgot and Abigail Telford discuss a case that ended up in the Supreme Court concerning a procedural issue ‘Those seeking to serve a claim form by any mode should take particular care to comply with the rules and practice directions.‘ In Barton v Wright Hassall [2018], the claimant (C), acting as a litigant in …
Continue reading "Mis-service of the claim form: A triumph of form over substance?"
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Are claimants entitled to advocate‘s costs when no advocacy has occurred? Thomas Herbert reviews conflicting case law ‘Where the defendant consents to the substantive application, and also accepts that it must pay the claimant‘s costs (ie where there is no need for any advocacy), is the claimant still entitled to half the Type B costs?‘ …
Continue reading "Pre-action disclosure applications: Much accrued about nothing"
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Professional negligence; setting aside a settlement; capacity ‘The judgment emphasises two high thresholds that apply to a claimant in seeking to overturn a first instance decision in a professional negligence case.‘ This is an interesting professional negligence case arising from a settled personal injury claim which is useful to serious injury practitioners not because it …
Continue reading "Case report: Dunhill v W Brook & Co [2018] EWCA Civ 505"
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Ruth Kennedy considers the basis upon which liability can be established ‘The general principle is that there is no liability for the wrongdoing of a third party, even where that wrongdoing is foreseeable.‘ This article focuses on liability for pure omissions in tort with a particular focus on public authorities. The general principle of the …
Continue reading "Liability: Pure omissions and public authorities"
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Andrew Davis and Juliet Stevens investigate fair compensation for a room of one‘s own ‘The court‘s task in relation to future accommodation is to make an award which ensures a claimant can live in appropriate accommodation for the rest of their life, at no extra cost to themselves and without the burden of borrowing too …
Continue reading "Future accommodation: The end of the Roberts v Johnstone award?"
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Andrew Roy considers the implications of a recent High Court decision on impecuniosity ‘Had the claimant been impecunious his proper course, with reference to the need for finality in litigation, was to seek an adjournment of the hearing below.‘ In Wadhwani v Ingenious Media Holdings Ltd [2018] HHJ Walden-Smith, sitting as a judge of the …
Continue reading "Compromise agreements: No second chances"
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Mamta Gupta reports on complications caused by vaginal mesh treatment and highlights two litigation pathways ‘The two main areas of clinical negligence are first, a failure to obtain informed consent and secondly, substandard surgical placement of the mesh or tape.‘ The litigation of vaginal mesh is becoming more and more widespread. This may be as …
Continue reading "Vaginal mesh claims: Finding liability"
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Kate Benn-Mack provides a practical guide to the 6 April changes ‘While the electronic bill is not “pretty“ and as neat as the current paper bill of costs, it does bring it in line with technology and those “tech-savvy“ users will no doubt see the qualities and appeal of the same in comparison to the …
Continue reading "The electronic bill of costs: Bringing cost drafting into the 21st century"
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Andrew Mckie examines a new breed of claim against PI lawyers ‘If you receive one of these claims, check the original bill to make sure it was delivered correctly under the Solicitors Act 1974.‘ There is a new trend of claims, and this time it‘s directed at the PI lawyers. A number of websites have …
Continue reading "Retainers: Overcharging solicitors"
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Defendants need to be aware of the potential costs consequences of joining another defendant to the action, as Paul Jones explains ‘Unlike the situation in Plevin and Landau, where there was only ever one underlying dispute, in this case the original dispute with the defendant, for which the claimant had entered into the CFA, and …
Continue reading "Costs: QOCS and Part 20 claims"
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