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Claimant who exaggerated impact of genuine injury found fundamentally dishonest

Pot Hole in the Road

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.

August 20th, 2018

Expert who sent first draft of evidence to solicitors “not a hired gun”

Asbestos Thermal Pipe Insulation

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”.

August 16th, 2018

“Sums in issue” does not just mean damages awarded in proportionality test

Nigel Havers

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.

August 14th, 2018

Blog

QOCS and multiple defendants – why both sides need to be wary

Chris McClure

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

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