General

High Court: claimant who gave “misleading impression” not fundamentally dishonest

Manchester Civil Justice Centre

A personal injury claimant who gave a “misleading impression” of his injuries was not fundamentally dishonest, the High Court has ruled. Mrs Justice Yip said that in finding that the man “had not established his claim for future care”, the trial judge was “not bound to find” he was dishonest.

April 18th, 2018

NHS implements “novel protocol” to speed mesh implant claims

surgeons

The NHS has adopted what has been described as “a novel protocol” to deal with medical negligence cases involving traumatic complications following mesh implant surgery, in anticipation of further legal claims. The protocol concerns claims relating to pioneering operations carried out privately.

April 17th, 2018

Latest bid for PI client’s file fails despite invoking court’s inherent jurisdiction over solicitors

Money cutting costs

Yet another bid to obtain the part of a personal injury (PI) file over which the solicitor has proprietary rights has failed in the Senior Courts Costs Office. Master Leonard built on his ruling last year in Green v SGI Legal, which was also brought by JG Solicitors, the firm that has lit a fire under PI lawyers by challenging deductions from damages.

March 27th, 2018

High Court: Only solicitors can “determine terms and content” of their demands for payment

RCJ portrait

Solicitors are the only ones who can determine the terms and content of their demands for payment, the High Court has ruled. Mr Justice Soole rejected the argument that a claimant could treat a bill as having been delivered, and subject to assessment, when it had not been sent to her.

January 23rd, 2018

Provisional assessment cap not displaced by part 36 offer, Court of Appeal rules

cutting costs

An award of indemnity costs after a successful part 36 offer in a provisional assessment does not remove the £1,500 costs cap, the Court of Appeal has ruled in overturning the High Court. The Association of Costs Lawyers has called the outcome “harsh” for its members and called on the rule committee to review the decision.

December 20th, 2017

Regional costs judge applies fixed costs to RTA claim that settled for £350k

Stephen Hines

A road traffic claim that settled pre-issue for £350,000 was subject to fixed recoverable costs because it began in the portal, even though it was later removed because of its value, a regional costs judge has ruled. It has been described as a consequence of the rule change that followed the Qader decision.

December 14th, 2017

High Court: 10% part 36 uplift applies to damages plus basic interest

rcj 2

The High Court has made it clear that the additional 10% uplift on damages the courts can award for beating a part 36 offer means an uplift on damages plus basic interest. It also said the court’s focus under part 36 must be “upon the conduct of the litigation”, and not on “whether the claimant had led a blameless life up until the moment when a tort was committed against him”.

November 30th, 2017

Judge accepts “material change” argument in increasing security for costs

Pound coins 2

The High Court has agreed to order a claimant to pay additional security for costs, even though the ‘material change’ in circumstances behind the defendant’s application were known to the judge who made the original order.

May 15th, 2017

Struck-off solicitor loses costs claim against client who thought he was still in practice

contract

A struck-off solicitor has seen his £4,500 costs claim against a client he represented in an employment tribunal disallowed because he failed to correct her belief that he was acting as a practising solicitor.

May 5th, 2017

When winning isn’t enough: Court of Appeal orders successful party to pay 75% of other side’s costs

rcj 2

A High Court judge was entitled to penalise a firm of Russian stockbrokers for conduct that “fell below acceptable standards of conducting litigation” by ordering it to pay 75% of the other side’s costs, even though it had successfully resisted a bid to strike out its claim, the Court of Appeal has ruled.

April 20th, 2017

Blog

An analogue decision? Google defeats attempt at consumer ‘class action’

Claire Stockford

In an eagerly awaited judgment, the High Court handed down its ruling in Richard Lloyd v Google LLC on 8 October. It seems clear that there is a degree of reluctance to permit group litigation which will not materially benefit consumers. That being said, it is hard to ignore the increased possibilities of group litigation in the context of corporate data breaches, particularly following the implementation of GDPR earlier this year.

October 18th, 2018

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