News

Judge wrong to find ‘subject to contract’ compromise binding

A judge was wrong to rule that solicitors had reached a binding compromise on a piece of litigation, when their correspondence had expressly been ‘subject to contract’, the Court of Appeal has decided.

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‘Signed For 1st Class’ service is first-class post, CA rules

The Royal Mail service ‘Signed For 1st Class’ is first-class post or equivalent for the purposes of the deemed service provisions of the CPR, the Court of Appeal has ruled, overturning two earlier rulings.

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Only 16% of British courts accessible for wheelchair users

Only a small minority of courts in England, Wales and Scotland are accessible to wheelchair users – falling to 2% when other disabilities are included – research by a London personal injury firm has found.

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CA: Judge was wrong not to order all of part 36 enhanced awards

Making one of the four enhanced awards of beating a part 36 offer does not “in any way” undermine or lessen entitlement to the others, the Court of Appeal has ruled.

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Funders and expert witnesses back litigation tech start-ups

Two lawtech start-ups companies targeting litigation have trumpeted success, with one doubling the investment it has secured and the other signing up 1,500 experts to its system.

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Slaters and Leigh Day open new front in VW litigation

The solicitors leading the Volkswagen emissions litigation have opened up a new front after winning permission to argue that the fix the company put in place was in fact another cheat device.

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Hodge worries about impact of pandemic on young lawyers

The deputy president of the Supreme Court has expressed fears that young lawyers have been unable to train properly during Covid but said remote hearings could alleviate access to justice “scandal”.

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“Where are the savings?” – PI lawyers attack insurers

Claimant lawyers have attacked motor insurers for failing to pass on to consumers £367m in savings they have seen because of the impact of Covid-19 in reducing injury claims.

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Blog

23 November 2020

Technicalities and realities – the battle over clin neg ATE premiums

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.

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