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High Court dismisses fundamentally dishonest £850,000 personal injury claim

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The High Court has dismissed in its entirety a £850,000 personal injury claim on the grounds of fundamental dishonesty. The judge said the claimant not only exaggerated his symptoms while giving evidence, but “deliberately and consciously lied to me”.

July 19th, 2018

Call for Tomlin order review after major QOCS ruling

Lord Justice Coulson

The rules on qualified one-way costs shifting do not prevent a successful defendant in a multi-defendant claim recovering costs from the damages awarded against a different defendant, the Court of Appeal has ruled. However, it held that this right could not be enforced where the damages were payable under a Tomlin order.

July 18th, 2018

Lawyers could be forced to share notes of hearings with litigants in person

Lucy Frazer MP

A new rule giving judges the power to order lawyers to share notes of hearings with litigants in person is being proposed by the Ministry of Justice as part of its ‘open justice’ plans. Another new rule would put the parties under an explicit obligation to disclose to the other side communications with the court.

July 17th, 2018

Blog

A golden opportunity for the ATE market to innovate

Enrique Gomez Head of ATE DAS UK Group

With the key judgement in the BNM v MGN case not expected until the end of the year, and decisions in the fixed recoverable costs arena not due until 2019, the after-the-event (ATE) insurance sector – already burdened by ever-changing regulation – is playing something of a waiting game. But this could be a golden opportunity for the ATE sector – the chance to take advantage of what might otherwise be a relative lull in activity period to set in motion a time of self-analysis and transformation, to develop plans for what the future of ATE insurance will look like.

July 16th, 2018

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