Definition of a Contested Trial The Claimant was involved in a Road Traffic Accident. The Second Defendant was driving the Claimant’s vehicle when it collided with the First Defendant’s vehicle. Liability for the accident was disputed between the First and Second Defendant. Directions were given for allocation of a consolidated action to the Fast Track…
The definition of disease within the meaning of CPR s.45 This issue central to this claim is whether a Non-Freezing Cold Injury (NFCI) could be classified as a disease for the purposes of satisfying CPR s.45. The Claimant, a soldier, sustained NFCI whilst undertaking cold weather training in Norway, despite having alerted the army doctor…
Relief from Sanctions This appeal was brought following three decisions handed down by Master Haworth on detailed assessment of the Claimant’s costs. The first decision confirmed that the Claimant had failed to provide a CPD 32.5(2)(c) compliant statement of additional liabilities, the second decision related to Master Haworth’s decision to refuse relief from sanction under…
CFAs and the cancellation of contract regulations This particular case concerned the Judgment on a preliminary point in Detailed Assessment proceedings, regarding The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 and the application of the same to a CFA that limited the costs that the Solicitor could…
Overview by Vikki Weinrich-Cooke This case involved issues relating to a Claimant’s freedom to instruct a solicitor of his own choosing as provided for under EU Directive and Statute. The circumstances at first instance related to the Appellants’ restriction of freedom of choice as prescribed by Statute. The Appellants had the benefit of Legal Expenses…
This case is an early example of the Court’s approach to costs management and budgeting and indicates the approach the courts will take when considering whether to depart from approved costs budgets. The case was conducted under the Defamation Scheme set out in Practice Direction 51D and although the claim settled shortly before trial, both…
BTE insurance is taken out before an actionable event has occurred in order to insure against the risk of future legal costs. It is often purchased as an ‘add-on’ to existing policies. The majority of people who purchase this are not aware of the coverage it provides and rarely make use of it. Whilst the government…
WHAT IS IT? Essentially it is a device to civil litigation funding that bars a Defendant from recovering its costs from a Claimant who is unsuccessful. The new rules are set out at CPR 44.13 to 44.17. It is important to bear in mind that this applies only to personal injury cases and appears to…
Provisional Assessment of Costs has been on trial in a number of Courts for some time and is going to be extended under the new Civil Procedure Rules coming into effect from 1 April 2013. Provisional assessment is going to be covered by CPR 47.15 and applies to detailed assessment proceedings commenced in the High…
(updated 01/08/13) WHAT ARE THEY? The government put forward a proposal in November 2012 regarding the extension of the RTA Personal Injury scheme regarding fixed recoverable costs. The Ministry of Justice set out the proposals of the amount the costs should be fixed at in their Consultation Response on 27 February 2013. The 65th update…