PI Brief Update

Interim interim payments on account of costs - Amy Lanham Coles, Temple Garden Chambers

20/11/ 23. Shaun Trotman v Master Brickwork London Essex Limited [2023] EWHC 2791 (KB). This case dealt with the question of whether a successful Claimant is limited to securing a...

Lifting the QOCS cap under r.44.16(2) and whether it is just to do so - Nancy Kelehar, Temple Garden Chambers

18/11/23. Amjad v UK Insurance Limited [2023] EWHC 2832 (KB). Date of Judgment: 10/11/2023. Mr Justice Richie allowed an appeal of a costs decision relating to the exceptions to ...

Sexual Abuse Claims and the Judicial College Guidelines: AXB v Hossam Metwally [2023] EWHC 2470 (KB) - Amy Lanham Coles, Temple Garden Chambers

30/10/23. This decision comprised a damages assessment for misuse of private and intimate information – a new frontier for personal injury litigation in this digital age. It is a...

The exclusion of expert evidence as inadmissible duplicative hearsay evidence - Nancy Kelehar, Temple Garden Chambers

30/10/23. Crypto Open Patent Alliance v Wright [2023] EWHC 2408 (Ch), Date of Judgment: 03/10/2023. This case is one of several strands of litigation that relate to Dr Craig Wrig...

A Limitation Conundrum without a Precedent: Shaw v Maguire [2023] EWHC 2155 (KB) - Amy Lanham Coles, Temple Garden Chambers

30/09/23. The case arose out of a deeply unhappy set of circumstances, as well as an unhappy procedural history. The Claimant was the widow of a man who had died of metastatic me...

Silence did not amount to a failure to engage in ADR and Part 36 applied - Nancy Kelehar, Temple Garden Chambers

27/09/23. In this case, a separate judgment on costs was given by Master Marsh (sitting in retirement) following written submissions by the Claimant and the Third Defendant. The ...

The 'fundamental' in fundamental dishonesty: Attique Denzil v Usman Mohammed and UK Insurance Ltd [2023] EWHC 2077 (KB) - Amy Lanham Coles, Temple Garden Chambers

25/08/23. In this case, the Appellant had asserted at trial that he had suffered various injuries in a road traffic accident, including an alleged injury to his head causing swel...

Both parts of a combined Part 36 offer have to be beaten for Part 36 cost consequences to follow (and leapfrog permission given on child 'lost years' claim): CCC (by LF MMM) v Sheffield Teaching Hospitals [2023] EWHC 1905 (KB) - Nancy Kelehar, Temple Gard

23/08/23. Mr Justice Richie addressed two matters of importance. First, how the court should assess whether a combined Part 36 offer has been beaten. Second, whether an appeal po...

‘Payment of the Bill’ Under the Solicitors Act 1974: Menzies v Oakwood Solicitors Ltd [2023] EWCA Civ 844 - Sebastian Bates, Temple Garden Chambers

31/07/23. In this case, the Court of Appeal analysed s 70 of the Solicitors Act 1974.

As explained at [1], s 70 ‘ entitles a client to apply to the court for an assessment of a sol...

Dishonesty or litigation 'wishful thinking' - Anisa Kassamali, Temple Garden Chambers

30/07/23. Judges are often asked to consider the honesty of a witness when giving evidence. Mr Justice Richards considered the question in the context of an action by a corporate...

Whiplash reform: As settlement times rise, the OIC portal remains far from perfect - Matthew Huggett, president of CILEX

04/07/23. In 2021, the Ministry of Justice brought in reforms that increased the small-claims limit for road traffic accidents from £1,000 to £5,000, implemented fixed damages fo...

Courts cannot future-proof orders: Tabbitt v Clark [2023] EWCA Civ 744 - Anisa Kassamali, Temple Garden Chambers

29/06/23. The Court of Appeal considered an application for a declaration that would have “future-proofed” the Claimant’s costs liability where he was late to accept the defendant’...

Unsuccessful parties can be ordered to pay the costs involved in applications against a non-party: McCarthy v Jones & Anor [2023] EWCA Civ 589 - Anisa Kassamali, Temple Garden Chambers

07/06/23. The Court of Appeal considered an appeal against a decision that an unsuccessful party pay the costs involved in applications in relation to a non-party.

The Claimant wa...

The Enlarged Partial Agreement on The Register of Damage Caused by The Aggression of The Russian Federation Against Ukraine - Sebastian Bates, Temple Garden Chambers

28/06/23. At a summit in May, the Council of Europe announced the establishment of a Register of Damage Caused by the Aggression of the Russian Federation Against Ukraine.

Accordi...

Pre-Action Disclosure as to Impecuniosity: Holt v Allianz Insurance PLC [2023] EWHC 790 (KB) - Sebastian Bates, Temple Garden Chambers

31/05/23. As set out at [1]–[11], there has been a divergence of practice in the County Court on whether prospective defendants in credit hire cases who apply for pre-action disc...

Paralegal Apprenticeships Helping Increase Diversity in the Legal Profession - Jane Robson, CEO, National Association of Licensed Paralegals

08/05/23. The legal profession is often viewed as being exclusively for the ‘elite’. To be fair, there has been a lot of snobbery around the law—both real and perceived—and it is...

Embargoed judgments: InterDigital Technology Corporation & Ors v Lenovo Group Ltd & Ors [2023] EWCA Civ 57 - Anisa Kassamali, Temple Garden Chambers

24/04/23. The fear of accidentally breaching an embargo on the disclosure of a draft judgment rests with all practitioners. Some comfort can be taken from the Court of Appeal’s d...

Inflexibility in Summary Assessment: R (Isah) v Secretary of State for the Home Department [2023] EWCA Civ 268 - Sebastian Bates, Temple Garden Chambers

15/04/23. On this appeal, the Court of Appeal addressed ‘ whether a summary assessment must be undertaken by the judge making the order for summary assessment ’: see [1].

Summary

As ...

Secretary of State for the Home Department Fails to Strike Out Negligence Claim - Grace Corby, Temple Garden Chambers

15/03/23. In Aruchanga v Secretary of State for the Home Department [2023] EWHC 282 (KB) the Claimant sought damages for breach of a common law duty of care by the Defendant for ...

Non-party costs orders against solicitors where a CFA is in place - Anisa Kassamali, Temple Garden Chambers

14/03/23. PME v The Scout Association [2023] EWHC 158 (Senior Courts Costs Office) considered an application for a non-party costs order (“ NCPO ”) against a claimant’s solicitors,...

£1 million settlement in vaginal mesh implant case renews calls for a settlement scheme - Nancy Kelehar, Temple Garden Chambers

17/11/23. A 59-year-old woman has reached a settlement of over £1 million in relation to medical issues that arose as a result of a vaginal mesh implant. She received the transva...

'Occupational hazards' and direct access cases: Glaser v Atay [2023] EWHC 2539 (KB) - Amy Lanham Coles, Temple Garden Chambers

31/10/23. This case focused on the application of the Consumer Rights Act (“CRA”) 2015 to barristers’ fees in a case where a lay client had instructed two barristers on a direct ...

Justice Committee publishes interim report on the operation of the Official Injury Claim (OIC) Portal - Nancy Kelehar, Temple Garden Chambers

31/10/23. Last month, the Justice Committee published their report entitled ‘ Whiplash Reform and the Official Injury Claim Service ’. This report is written as part of an inquiry ...

The Limits of the Extended Fixed Recoverable Costs Regime - Amy Lanham Coles, Temple Garden Chambers

29/09/23. Much has already been said about the incoming extended fixed recoverable costs (“FRC”) regime and accompanying intermediate track which take effect from 1 October 2023....

FREE CHAPTER from 'A Practical Guide to Dental Negligence Litigation' by Louisa Sherlock

02/09/23. This Practical Guide to Dental Negligence Litigation provides helpful information for lawyers who are running dental negligence cases, be that for Claimant or Defendant...

'Mixed claims' and the application of QOCS - Afriyie v Commissioner of Police for the Metropolis [2023] EWHC 1974 (KB) - Amy Lanham Coles, Temple Garden Chambers

24/08/23. This claim arose out of an incident in which the Claimant had been tasered by the police and had fallen and hit his head. The Claimant had brought a claim for assault, ...

Caution given against misconceived appeals of case management decisions: Jennings v Otis Limited and Bristol City Council [2023] EWHC 2039 (KB) - Nancy Kelehar, Temple Garden Chambers

22/08/23. The appeal related to a case management order (CMO) made by Master Thornett at the RCJ in March 2023. The Master was critical of the pleadings and the Claimant’s Part 1...

FREE CHAPTER from 'A Practical Guide to Respirable Crystalline Silica Dust Claims' by Helen Pagett

02/08/23. The HSE has identified silica as the greatest risk to construction workers after asbestos. Despite not only the risks of respiratory crystalline silica being well known...

‘The Denton Tests Do Apply to an Application to Set Aside Judgment’: FXF v English Karate Federation Ltd [2023] EWCA Civ 891 - Sebastian Bates, Temple Garden Chambers

31/07/23. As Sir Geoffrey Vos MR—with whom Nicola Davies LJ agreed and Birss LJ agreed in a short concurring judgment—explained at [1], ‘[t] his case highlight [ed] a controversial ...

Interpreters’ fees can be recoverable under the fixed costs regime - Anisa Kassamali, Temple Garden Chambers

30/07/23. The fixed costs regime pursuant to CPR r.45 is very familiar territory to personal injury practitioners. In Santiago v Motor Insurers’ Bureau [2023] EWCA Civ 838, the Cou...

A reminder to practitioners about the importance of skeleton arguments: Masih & Anor v Royal Wolverhampton NHS Trust [2023] EWHC 1280 (KB) - Anisa Kassamali, Temple Garden Chambers

06/06/23. A judgment handed down by Ritchie J reminds practitioners about the appropriate role of skeleton arguments in proceedings.

The Appellant had been granted permission to a...

Intervening Medical Treatment and the Chain of Causation: Jenkinson v Hertfordshire County Council [2023] EWHC 872 (KB) - Sebastian Bates, Temple Garden Chambers

30/05/23. In this case, Andrew Baker J addressed whether Webb v Barclays Bank PLC and Portsmouth Hospitals NHS Trust [2002] PIQR P8 ‘ establishe [d] as a rule of law that medical trea...

Another reminder about the risks of surveillance footage: Mantey v Ministry of Defence [2023] EWHC 761 (KB) - Anisa Kassamali, Temple Garden Chambers

23/04/23. Eyre J considered whether or not a former soldier had been fundamentally dishonest in his personal injury claim in light of surveillance footage.

Background

The claimant ...

Non-Attendance on the Small Claims Track: Owen v Black Horse Ltd [2023] EWCA Civ 325 - Sebastian Bates, Temple Garden Chambers

16/04/23. CPR 27.9 governs ‘[n] on-attendance of parties at a final hearing ’ on the small claims track. The question for the Court of Appeal in this case was what CPR 27.9 means b...

Whiplash reform: As settlement times rise, the OIC portal remains far from perfect - Matthew Huggett, president of CILEX

03/04/23. In 2021, the Ministry of Justice brought in reforms that increased the small-claims limit for road traffic accidents from £1,000 to £5,000, implemented fixed damages f...

FREE CHAPTER from 'A Practical Guide to Cross-Border Clinical Negligence Claims' by Dominique Smith

02/03/23. In recent years, it has become increasingly common for consumers to travel abroad for cosmetic surgical and dental procedures. Consumers may be enticed to go abroad fro...

When Is Permission to Appeal Required in Cases of Contempt? - Sebastian Bates, Temple Garden Chambers

22/03/23. In Deutsche Bank AG v Sebastian Holdings Ltd [2023] EWCA Civ 191, the Court of Appeal addressed what Andrews LJ described at [127] of her concurring judgment as ‘ the topi...

Vulnerable Witness Being Provided With Cross-Examination Questions in Advance Created an Unlevel Playing Field - Grace Corby, Temple Garden Chambers

16/03/23. GKE V BRETT NIGEL TRAVERS GUNNING [2023] EWHC 332 (KB).

The Claimant received work/life coaching sessions from the Defendant through her work and then paid privately for...

Third Party Cost Order Against Expert Witness Overturned on Appeal: Robinson v Liverpool University Hospitals Nhs Trust [2023] EWHC 21 (Kb) - Grace Corby, Temple Garden Chambers

24/02/23. The first instance Judge had erred in making a third-party costs order against the Claimant’s expert in a clinical negligence claim

Background

The Claimant had brought a ...

FREE CHAPTER from 'Low Velocity Impacts in Road Traffic Accidents: Law and Practice' by Jake Rowley

17/02/23. In this book, Jake Rowley will provide a concise and practical consideration of the law and practice relating to ‘low velocity impact’ (or “LVI”) road traffic accidents...