News Category 3
A Costs Budgeting Horror Story - Tom Gibson, Outer Temple Chambers
24/12/13. Would a district judge strike out a costs budget because it contained the phrase “[Statement of truth]”, in square brackets, rather than the full statement of truth wording? Yes, in this particular case, so be warned! This case (anonymised here) was a quantum only low-value Multi-track road traffic case in a county court in Greater London. The first CMC was held in November, shortly before the Court of Appeal’s judgment in Mitchell v News Group Newspapers [2013] EWCA Civ 1526. After deciding case management orders the district judge turned to consider the parties’ costs budgets...
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Local Standards for Local People: the decision in Japp v Virgin Holidays Limited [2013] EWCA Civ 1371 - Sarah Prager, 1 Chancery Lane
22/12/13.Sarah Prager considers the recent decision of the Court of Appeal in Japp v Virgin Holidays [2013] EWCA Civ 371 relating to the local standards defence in holiday claims. On 24th June 2008 the Japps booked a package holiday in Barbados with the Defendant. Throughout the holiday Mrs Japp was to stay in the Crystal Cove hotel in Appleby, St James’s. At approximately 5.00pm on 3rd September 2008 she returned to her hotel room and went out onto the balcony to read a book, closing the patio doors giving access from the room to the balcony as she did so. Some short time later the telephone in her room rang, and she got up and walked quickly into the closed doors. When she did so, the doors shattered, causing multiple lacerations. It was common ground between the parties that the doors were constructed using annealed float glass ¼" thick. It was not toughened or safety glass...
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PI Practitioner, December 2013
16/12/13. 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.
A judge had been entitled to refuse to admit expert medical evidence on the grounds that it was served very shortly before trial and that it was not useful.Boyle v Commissioner of Police of the Metropolis [2013] EWCA Civ 1477
The appellant (A) appealed against the dismissal of his personal injury claim arising out of a road traffic accident in which he was struck by a police car. The judge found that a safe...
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The Choice of RTA or EL/PL Protocol - Matthew Hoe, Jaggards & Taylor Rose Law
13/12/13. Some claims fulfil the legal definitions of more than one type of liability. In the past, that has been merely a curiosity. But when, as now, particular protocols and costs regimes are applied to particular types of claims, classification becomes important. When a claim fulfils the claim type definitions in both the RTA and EL/PL Protocols, under which protocol should a claimant bring his claim? And will there be much of a fuss if a mistake is made?
That is a question affecting the recoverable costs most of all. Hitherto, such classification arguments have centred on whether costs should be limited to the ‘predictable costs’ provided by CPR 45 Section II. The definition of ‘road traffic accident’ in that Section is broad and has captured accidents far more varied than bumps between vehicles. The new protocols could lead to a new round of similar arguments.
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Can a Defendant Be Required to Disclose Information About Its Insurance Position? A Recent Decision With a Sting in the Tail - Jack Harding, 1 Chancery Lane
11/12/13. Any practitioner who has had to grapple with the issue posed in the title to this article will have come to realise that there are two conflicting decisions on the point. In Harcourt v Griffin (2007) EWHC 1500 (QB), liability was admitted in a multi-million pound personal injury claim. The claimants expressed doubts about the wealth of the Defendants and made a request under CPR Part 18 to elicit the extent of any insurance cover. Irwin J concluded that the court had power pursuant to CPR 18 to order a defendant to provide this information...
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More Articles...
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- Disclosure, Suicide and Unfairness: Learning From Lagos - Neil Davy, Serjeants’ Inn Chambers
- Difficult Decisions - Tim Hirst, Parklane Plowden Chambers
![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)
