News Category 2
Courts Reform (Scotland) Bill - Scott Whyte, Watermans Solicitors
20/02/14. The Court Reform (Scotland) Bill was recently published by the Scottish Government, bringing to an end a four year period in which the shadow of Lord Gill’s review of the civil courts in Scotland has hung over civil litigators and in particular personal injury lawyers.
The Bill itself and indeed, Lord Gill’s 2009 report concluded that the Scottish court system was “slow, inefficient and expensive”. He was concerned that civil courts were not specialised enough and were subject to deferral or interruption and that civil cases faced long waits to be heard by the Court of Session due to the volume of cases raised in Scotland’s Supreme civil court.
Therefore, from a layman’s perspective at least, there was some expectation that the proposed legislative changes in the Bill might address these difficulties. If anything the proposals are likely to exacerbate the problems they are trying to eliminate. Instead of speeding up the justice system they will have a damaging effect on access to justice for accident victims...
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M&A Activity in the PI Market - Lesley Graves, Citadel Law
19/02/14. Fevered activity in the PI market has led many firms to consider their strategic future and so it seems an opportune moment to pause and reflect on some of the deals done to date and the options left for those that remain.
You could be forgiven for thinking we’re in the midst of a ‘PI dot-com bubble’. In some cases, misplaced confidence that the firms buying PI work will turn future profits where others have failed, coupled with an increasingly accessible finance to fund deals has created an environment where many are overlooking what is necessary to build credible and sustainable PI business models.
The Slater & Gordon approach of acquiring firms makes sense for what they are looking to achieve. They are providing the acquired firms with a platform to move into a larger market following years of hard work developing expertise, culture and brand.
Conversely, in interventions, pre pack deals and firm failures where a measured and strategic approach has...
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Proceeding Down a Blind Alley: Tasleem v Beverley - Roger Mallalieu, 4 New Square
17/02/14. On the 6th November 2013 a surprisingly powerful constitution of the Court of Appeal, led by the Chancellor of the High Court and including Lady Justice Hallett, the Vice President of the Court of Appeal (Criminal Division) gave judgment in the joined cases of Tasleem v Beverley / Bartkauskaite v Bartkauskiene, second appeals to the Court of Appeal on what the court had accepted was an important point of principle or practice.
The point may seem to be a slightly obscure one, but is in fact one which is of potentially significant importance to solicitors, especially those practising in the field of low value RTA claims, where margins are increasingly tight, but also for any practitioner where a costs dispute may arise where the substantive claim has settled without proceedings being issued.
The point concerned whether, in circumstances where a claim settles without proceedings being issued, such that the party with an entitlement to costs must issue Part 8 proceedings pursuant to CPR 44.12A1 if the parties cannot agree costs, and that party then obtains a default costs certificate, the fixed costs provided for by the default costs certificate are the only costs of the ‘costs proceedings’ which the receiving party is entitled to recover...
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PI Practitioner, February 2014
16/02/14. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for our PI Brief Update newsletter. Just select "Free Newsletter" from the menu at the top of this page and fill in your email address.
Passengers of Drink Drivers & Contributory Negligence
Owens v Brimmell [1977] QB 859
The Claimant accepted a ride from the Defendant despite knowing that the Defendant had drunk too much. The Claimant had his damages reduced by 20% for contributory negligence. Watkins J stated: "A passenger may...
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Scuppered by the Athens Convention - Ian Miller, 1 Chancery Lane
16/02/14. The Athens Convention has long been a trap for the unwary claimant who either doesn’t appreciate that accidents at sea are governed by the Convention or that there is currently a 2 year limitation period. Most of the reported cases on the Convention deal with the consequences of one or both of these mistakes. However the judgment in the case of Feest v South West Strategic Health Authority [2014] EWHC 177 (QB) (handed down today) now poses a trap for defendants wanting to bring contribution proceedings.
Dr Feest was injured as a passenger on a 9 metre RIB (rigid inflatable boat) in the Bristol Channel. She was on secondment from the Health Authority and on a corporate team building exercise being run by Bay Island Voyages when she fractured her spine. Dr Feest’s claim against the Health Authority (as her employer) was issued just before expiry of the 3 year time limit. The Health Authority brought a Part 20 claim against Bay Island Voyages. This was struck out by a district judge on the grounds that...
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More Articles...
- Fraud Rings: How to Identify and Investigate - Andrew Mckie, Clerksroom
- The Problem With Some Uncooperative Litigation Friends - Thomas Crockett, 1 Chancery Lane
- Civil Restraint Orders: Some Guidance from the High Court - Thomas Crockett, 1 Chancery Lane
- Mitchell Revisited - Jeff Pedley, Whitfields Solicitors
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
