Covid-19 claims: The elephant in the room?

24 February 2021

The idea of suing the NHS for compensation of a wrongdoing/malpractice may not seem the right or popular option right now. Everyone in our sector is wondering how this will pan out.

Covid-19 and credit hire: ‘Need’ or greed?

17 February 2021

Whilst most working in credit hire have tried to maintain a co-operative approach during the pandemic, it has starkly amplified some of the behaviours that embody the worst excesses of the industry.

Tactical management: Taking charge for claimants

9 February 2021

Lawyers representing severely injured claimants should be in charge of the recovery, rehabilitation and litigation. But it’s common to see the insurer or its solicitor controlling important areas.

Pay as you go? Not quite

19 January 2021

The Court of Appeal recently reaffirmed the statement of the general rule in the White Book that the costs of an application for an interim injunction will, absent any special factors, be reserved.

What do arbitrators know?

17 December 2020

How does the Supreme Court’s analysis of ‘inside information’ in Halliburton align with other opportunities for unconscious bias, such as determinations on the admissibility of illegally obtained evidence?

Technicalities and realities – the battle over clin neg ATE premiums

23 November 2020

A paying party in a clinical negligence case is seeking to argue that a Tomlin order is not a relevant “order for costs” and therefore the ATE premium is not payable. This should be given short shrift.

Bad vibrations – persuading the courts to recognise new illnesses

12 November 2020

James first started feeling unwell in 1988 when a transmitting mast five metres from his home had additional capacity added to it that year. It got worse as more mobile systems were added to the mast.

The rock and the stream – who wins in the disclosure pilot?

4 November 2020

The disclosure pilot scheme has been extended until 31 December 2021. Meanwhile, we eagerly await the decision of the Civil Procedure Rule Committee on the proposed amendments to the pilot.

Disbursement funding interest recoverability – as clear as mud?

29 October 2020

An article I wrote in June 2019 entitled ‘Is disbursement funding interest recoverable?’ attracted, forgive the pun, a lot of interest – but the subject itself has remained a very grey area.

Group claims: Post-pandemic predictions

21 October 2020

Group litigation has undeniably been a growth area in England over the last five years – a trend which is likely to increase rather than decrease as a result of the pandemic.

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