Jackson in Action: Case Law - Marcus Davies, DWF LLP
08/01/17. In our regular monthly round up of cases we look at the effects of the changes to the Civil Procedure Rules under the Jackson Reforms:
Qualified One-Way Costs Shifting regime/suspension of QOCS: In Magon v Royal and Sun Alliance Insurance PLC (2016) Recorder Berkley upheld the claimant’s appeal against the decision of the Deputy District Judge, who had ordered a suspension of the QOCS regime, where the claimant had discontinued his claim against the defendant on the basis that they had been sued in error. Recorder Berkley concluded that the DDJ should have considered that the claim had been discontinued, as opposed to struck out and should have also considered the basis that the QOCS regime had been introduced. The DDJ had not weighed up all the factors before arriving at his conclusion. 26/2/16 (this case has recently been brought to our attention)
The following case, whilst not a relief from sanctions application per se, demonstrated the court’s application of the test in Mitchell and Denton:
Exchange of statements/failure to serve witness evidence in time...
Image cc flickr.com/photos/wwarby/4860335535