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PI Brief Update

Bumper Damages Award in RTA but Final Determination of Costs Delayed; a Tale of Funding Based Deficiencies and Relief From Sanctions - Michael Fitzpatrick, John M Hayes

23/07/15. O’Brien –v- Shorrock & the MIB (2015) EWHC 1630 (QB). The Claimant had sustained personal injury and loss as a result of an RTA in 2002; a Trial had established the identity of the driver in 2011 and the action was resolved in 2012 by an Order for a lump sum payment of £1.8 million and periodical payments starting at £140,000.00 pa. The MIB were ordered to pay the Claimant’s costs.

The Claimant’s CFA had been made on the 21 October 2009, but was ‘backdated’ (to take effect from 6 November 2008 when the solicitors were first instructed). A 100% success fee was included.

The ensuing detailed assessment was something of a ‘car crash’ for the MIB and they pursued several avenues of appeal, including:

    • The CFA covered only an action under...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.