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Claimant who exaggerated impact of genuine injury found fundamentally dishonest
A claimant who suffered a genuine injury – but admitted being dishonest about the extent of his symptoms tripping in a pothole – has lost his argument that was not fundamentally dishonest. The court said his lies about the extent to which his recovery was affected by his injuries went to the heart of the claim.
Expert who sent first draft of evidence to solicitors “not a hired gun”
It was “a serious transgression” for an expert witness to make changes to his evidence after sending a first draft to his client’s solicitors, the High Court has ruled. However, it rejected the other side’s contention that the expert had come across as a “hired gun”.
“Sums in issue” does not just mean damages awarded in proportionality test
The ‘sums in issue’ when considering the proportionality of costs is a wider concept than the sum awarded or agreed, the Senior Costs Judge has said. Master Gordon-Saker was ruling in the latest series of costs cases to arise out of the Mirror Newspapers hacking litigation.
Blog
QOCS and multiple defendants – why both sides need to be wary
The recent case of Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654 represents a very interesting development in the interpretation of rule 44.14. The question before the Court of Appeal was this: where, in a matter to which QOCS applies, a claimant has brought an action against multiple defendants, is a successful defendant entitled to enforce a costs award in its favour against damages recovered by the claimant from an unsuccessful defendant?
August 16th, 2018
Associate News
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