Category Archives: Industry News

Recovery of Additional Liabilities: Breach of Human Rights?

On the 23rd July 2014, Lord Neuberger dealt a potentially fatal blow to over a decade of litigation. Sitting as President of the Supreme Court in Coventry v Lawrence (No 2) [2014] UKSC 46, Lord Neuberger suggested that the pre-Jackson regime of recoverability of additional liabilities such as success fees and after-the-event (ATE) insurance premiums […]

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Provisional Assessment – Is it working?

It has been over a year now since the implementation of provisional assessments, one of the recommendations made by LJ Jackson. The aim of the reforms was to introduce a way of dealing with contested costs (in cases where the amount of costs claimed is £75,000.00 or less) quickly and efficiently for both the court […]

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Under the Spotlight… A Review of Points of Dispute Post Jackson

We are now over a year on post Jackson and so far there appears to have been little feedback with regard to the Court’s approach to Points of Dispute and Replies and any resulting applications. Alongside the introduction of Provisional Assessment, the rules relating to Points of Dispute and Replies were redrafted to ensure that […]

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The New 3 Stage Test

The Court of Appeal rewrites Mitchell in “the Denton test”. Last Friday afternoon the Court of Appeal handed down judgment in three appeals (Denton v T H White; Decadent Vapours v Bevan; Utilise v Davies [2014] EWCA Civ 906). The judges, including Lord Justice Jackson and the Master of the Rolls Lord Dyson, placed the […]

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Budget filed one day late: a trivial and insignificant breach

The case of Wain v Gloucestershire County Council & Ors [2014] offers a glimmer of hope for those of us fearfully monitoring the budgeting landscape in the wake of the much-cited Mitchell decision. Somewhat unusually, the judge in this matter took a more sensible approach and granted relief from sanctions for a budget that was […]

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QOCS Protection & fundamental dishonesty ruling paves way for increased insurer challenges & more satellite litigation

Qualified One -Way Costs Shifting (QOCS) has been in force since 1st April 2013 and was implemented to go hand in hand with the Jackson reforms in respect of funding and the costs of civil litigation. QOCS have been and continue to be controversial: The essence of QOCS was to remove the need for the […]

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Invitation from James Maxey to discuss new RTA whiplash medical proposals

Dear Colleague, Please excuse the interruption. This email is about the Lord Faulks QC letter of 2nd May (click here to read) and the proposals for the reform of medical examinations/medical agencies. I am the Managing Director and one of the owners here at Ontime Group and am also one of the owners of Express […]

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Jackson Reforms – One Year On

We are now over a year on following the significant changes to the Civil Procedure Rules, Practice Directions and the implementation of The Legal Aid Sentencing and Punishment of Offenders Act 2012. Who would have thought this time last year that the MP on the lips of the legal profession would be the MP for […]

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Medical agency fee breakdowns: Is there really an obligation to disclose?

When dealing with disputed medical expert fees  in low value claims, claimant solicitors have heard  countless  arguments from their opponents that they  are required to disclose a breakdown of the  medical agency invoice and that they should recover no more than the rate provided in the Medical Reporting Organising Agreement guideline (MROA) for a medical […]

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Guideline hourly rates – Guidelines not Tramlines

This week, we focus on the often misunderstood topic of The Supreme Court Costs Office (SCCO) Guideline Hourly Rates. There is more misunderstanding about the SCCO rates than in any other aspect of costs. Quite simply they do not apply to anything other than summary assessment.

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