PIBULJ
The Death of Litigation? - Julie Carlisle, Boyes Turner
19/09/13.I attended a round table discussion at the Law Society recently to discuss The Future of Personal Injury. I can already hear your replies, but to stick to the matter in hand item 1 on the agenda was this: “LASPO’s effect on Access to Justice”. Some of the participants argued that this is not really an issue. Access to qualified solicitors may well be restricted by the raising of the small claims limit and the...
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CPR 3.14 - How Explicit and Draconian? - Thomas Crockett, 1 Chancery Lane
19/09/13. The notes in the White Book below Civil Procedure Rule 3.14 suggests the “rule is explicit and the consequences of failure to comply Draconian”. The rule itself provides that “Unless the court otherwise orders, any party which fails to file a budget despite being required to do so will be treated as having filed a budget comprising only the applicable court fees.” It has yet to be tested by way of an appeal to the Court of Appeal (despite the author’s best efforts on several occasions). However it would appear that...
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What’s in a Name? A Strike Out, That’s What - Jasmine Murphy, Hardwicke Chambers
18/09/13. A claimant received a nasty surprise this week when her claim for injury pleaded under the Montreal Convention was struck out with costs to the defendant of nearly £6,000. It was struck out because the only claim she could make against the defendant was under the unamended Warsaw Convention 1929. However the Warsaw Convention had not been pleaded and 2 years had now passed since the accident. This result may seem somewhat draconian when it was just one word of the title of the Convention which was some 4,011 miles out of place. What made the decision of District Judge Brooks in Bromley County Court all the more bitter...
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The Taylor Review - Jenny Dickson, Scottish Representative to National Committee, FOIL
17/09/13. The Scottish Government has taken another step along the road of its proposed reform of the civil justice system with publication of the report into the review of expenses and funding of civil litigation in Scotland. The Taylor Review extends to over 300 pages and contains no less than 85 wide ranging recommendations. In presenting the report Sheriff Principal Taylor said that the key issue for him was "improving access to justice in a meaningful way". The underlying context of the report is the stated aim of improving access to justice by reducing the stress and fear that going to court can bring caused by the unknown costs that will be involved. What changes can personal injury practitioners in Scotland expect to see?
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Stepping Out of Line - Michael Lemmy, 9 St John Street
16/09/13. This article considers how the Court of Appeal has wrestled with issues of primary liability and contributory negligence in pedestrian running down accidents. In Paramasivan v Wicks [2013] EWCA Civ 262 the Court of Appeal was required to consider issues of primary liability and contributory negligence arising out of a collision between a pedestrian and a motor vehicle. Rather surprisingly this appeal was the fourth appeal to the Court of Appeal within a period of about 18 months on issues of...
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![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)
