A cyclist defendant who counterclaimed against another cyclist after a head-on collision was not protected by qualified one-way costs shifting in the main action, a judge has ruled.
The High Court has ruled that a claimant’s Part 36 offer was a counter-offer, meaning that an earlier common law offer by the defendants no longer remained open for acceptance. Andrew Hochhauser QC, sitting as a High Court judge, said there was “apparently no authority directly on the point”.
Plans by the Ministry of Justice to rewrite the costs rules for environmental judicial reviews in favour of defendants have been strongly criticised by the Bar Council, which said the ministry recognised that they could have a “stifling effect”.
The Claims Management Regulator (CMR), based at the Ministry of Justice (MoJ) has fined a claims management company £220,000 for making nuisance calls about claims for noise-induced hearing loss – the first fine of its kind.
Anyone who contributes at least £1,500 to back a judicial review (JR) will have their identity made known to the court as they may have some element of control over the litigation, the government has proposed.
Nearly three-quarters of personal injury specialist solicitors say the 10% uplift in general damages introduced to compensate for the LASPO changes is insufficient to cover the additional costs that claimants now have to meet, according to a survey.
A High Court judge has refused to grant relief from sanctions to a law firm which “deliberately decided not to comply” with a practice direction and unless order in an appeal against a finding of negligence.
As the holiday pay row heads for a review and possibly to the Court of Appeal, it’s no wonder that many employers regard mistakes and Employment Tribunals as being an inevitable part of business life. But it doesn’t have to be that way.
The government has indicated that it will not rethink the end of the LASPO exemption currently applied to insolvency proceedings, which is due to expire next year.
The High Court has cut a CFA success fee charged by Irwin Mitchell, acting for a pedestrian whose back was broken when a car reversed over her, from 75% to 30%.
It is not surprising that insurers did not anticipate Covid or the extent that it may be caught by their policies. Fortunately, we had just the mechanism to assist with this: the financial markets test case scheme.