Latest News

Terms of CFA descriptive, not prescriptive

22/06/2018

In the matter of Drew Malone v. Birmingham Community NHS Trust [2018] EWCA Civ 137, the Court of Appeal had to decide whether the terms of the Claimant’s CFA, which referred to a claim against the Home Office precluded costs being recovered from the Defendant NHS Trust.

Civil Liability Bill Proceeds

15/06/2018

A fairly tame, but arguably quite significant step for the CLB.

Dishonesty is a matter of public interest

08/06/2018

There is a considerable body of case law amassing on the topic of “fundamental dishonesty” as an exception to the qualified one-way costs shifting regime (QOCS).

Scope of the “Slip Rule” considered

05/06/2018

In the Matter of Santos-Albert v. Ochi [2018] EWHC 1277 (Ch), Mr Justice Snowden considered whether amendments made by District Judge Fine to a final charging order had been within the scope of her powers under CPR 40.12 (the “Slip Rule”).

When in doubt: delegate

25/05/2018

The Ministry of Justice has revealed the Courts and Tribunals (Judiciary and Functions of Staff) Bill (“the Bill”), which received its first reading in the House of Lords on 23 May 2018.

Justice Committee expresses concern at plans to increase the personal injury small claims limit

18/05/2018

The House of Commons Justice Committee have delivered a report raising a number of concerns about the Government’s plans to increase the personal injury (PI) small claims limit to £5,000.00.

Defining Whiplash

11/05/2018

Following criticism from the House of Lords, a draft statutory instrument has been published which defines the term “Whiplash injury".

Relief in securing retrospective permission

04/05/2018

In the matter of Wilton UK Ltd v. Shuttleworth and Others [2018] EWHC 911 (Ch) His Honour Judge Davis-White QC (sitting as a Judge of the Chancery Division) had to decide whether or not to grant the Claimant permission to continue company derivative proceedings pursuant to s.263 Companies Act.