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In the second part of his article Paul Jones explains the new code system of the new bill of costs pilot scheme ‘The ultimate end-game for this initiative is to reform not just the format of the bill of costs but the way it is actually constructed and for this we have to turn to …
Continue reading "Costs: Of budgets and bills – Part 2"
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Andrew Hogan sets out the different strategies for approaching mediation ‘What is crucial is to lay the groundwork early with a detailed and reasonable offer of ADR in whatever mode is thought appropriate.’Alternative dispute resolution (ADR) is an alternative to litigation. Seen 20 years ago, as touchy-feely nonsense, ‘being nice’ to the ‘being nasty’ of …
Continue reading "Alternative Dispute Resolution: Being nice"
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Rachel Heelis reviews the third edition of Clinical Negligence Claims – A Practical Guide Having previously owned copies of both the first and second edition of the book and in light of all of the recent and significant changes in the field of clinical negligence law, I was very eager to read and review the …
Continue reading "Book Review: The latest thing"
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Andrew Mckie considers future developments in RTA claims, reducing fraud and costs ‘It is too early to tell how effective the system will be in reducing fraud in whiplash claims, given the system has only been implemented for a number of months and time will tell whether there is a reduction in fraudulent whiplash claims.’ …
Continue reading "RTA: Where are we now?"
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Paul Jones reports on the 81st update to Civil Procedure Rules and, in the first part of this article, the details of the new Precedent Q ‘At its simplest level, this amendment adds an additional requirement for commencing detailed assessment in cases where costs management orders have been made.’ It seems a lifetime since the …
Continue reading "Costs: Of budgets and bills – Part 1"
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William Waldron QC highlights some of the mistakes experts make in court and the importance of impartiality ‘My own view is that things are better than before but there are still too many instances of poor experts and inappropriate behaviour.’Recently, I sat as a recorder in the County Court on a tolerably complex, hotly-disputed, six-day …
Continue reading "Expert Evidence: He who pays the piper…"
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Andrew Hogan sets out the need to adhere to the restricted scope of an oral hearing ‘Despite the wording of Rule 47.15 it is apparent that different courts are interpreting it rather differently.’ I have now undertaken more than two dozen oral hearings, in the aftermath of a provisional assessment, when the paying party tries …
Continue reading "Rule 47.15: Reviewing provisional assessments"
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Rebecca Jones outlines Mr Brian Kite v The Phoenix Pub Group (2015) where the judge had to decide if a claimant’s application was fair ‘The QOCS regime provides a wealth of untested areas open to exploration by parties to a dispute, the effect of which is the inevitable rise in satellite litigation as we get …
Continue reading "QOCS Exceptions: The tactical use of a notice of discontinuance"
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Jonathan Dingle FRSA reviews RTA Personal Injury Claims: A Practical Guide Post Jackson There was a moment, just one or two weeks before Sir Rupert published his report, that this reviewer might have saved much of the profession who remain engaged in personal injury claims law from the slough of despond that is sometimes said …
Continue reading "Book Review: Taking a dip"
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Duty of care; providing accurate waiting times ‘The failure of the claim on the basis of a lack of proximity is an interesting element, particularly given the reliance on the case of Rahman against a background of finding that there was foreseeability.’ Mr Darnley was attacked by persons unknown and struck on the head. He …
Continue reading "Case Report: Darnley v Croydon Health Services NHS Trust [2015] EWHC 2301 (QB)"
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