A Mistake on Mistake? - Paul Stanton
06/02/15. In Draper v Newport (2014) the question arose as to whether or not common law doctrines, and in this case specifically the doctrine of mistake, have any application in the MoJ protocol for low value personal injury claims (i.e.the Portal process). The claimant's solicitors (mistakenly) electronically accepted the defendant's insurer's counter-offer when they had intended to reject it. The error was recognised "almost immediately", and within half an hour the details of the mistake were communicated to the defendant's insurers.
District Judge Baker began by making reference to the overriding objective, and the need to deal with the case justly and at a proportionate cost. Having considered the skeleton arguments, and submissions from Counsel, DJ Baker found that...
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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)
