‘In the recent case of Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd (Costs) [2019] EWHC 2338 (Comm), Christopher Hancock QC (sitting as a judge of the High Court) made an order against the defendant for payment of costs on account in the event that the defendant failed to comply with an ‘unless order’. Orexim followed the approach of Mr Justice Coulson (as he then was) in Bruce MacInnes v Hans Thomas Gross [2017] EWHC 127 (QB).’
Law Society's Gazette, 11th November 2019
Source: www.lawgazette.co.uk
‘The recently decided appeal of Mansur Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB), is an interesting case and will be useful to practitioners who deal with road traffic matters, both on the finding in respect of liability and the finding of fundamental dishonesty.’
Park Square Barristers, 31st October 2019
Source: www.parksquarebarristers.co.uk
‘The Court of Appeal has upheld a judge’s decision to award lump sum damages on the basis of a lack of evidence about future earnings.’
Law Society's Gazette, 7th November 2019
Source: www.lawgazette.co.uk
‘Agreements with third-party litigation funders are not damages-based agreements (DBAs), the Competition Appeal Tribunal has ruled.’
Litigation Futures, 4th November 2019
Source: www.litigationfutures.com
‘The Ministry of Justice (MoJ) has refused to give way to the concerns of claimant groups that children who suffer whiplash injuries lasting less than nine months will be denied access to justice under next April’s reforms.’
Legal Futures, 4th November 2019
Source: www.legalfutures.co.uk
‘This was a judicial review of a costs order made by Camberwell Green Magistrates on a settled Environmental Protection Act 1990 s.82 prosecution. The Magistrates had refused to state a case for the consideration of the High Court.’
Nearly Legal, 31st October 2019
Source: nearlylegal.co.uk
‘The Ministry of Justice (MoJ) is continuing to work towards April 2020 to implement the whiplash reforms despite the upcoming election, it has confirmed.’
Legal Futures, 1st November 2019
Source: www.legalfutures.co.uk
‘In July 2019 the Court of Appeal judgment was handed down in the joint appeals of West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220. The judgment dealt with the contentious issue of recoverable ATE premiums and how they can be properly challenged.’
No. 5 Chambers, 10th October 2019
Source: www.no5.com
‘In a major judgment handed down by the Court of Appeal last week, Coulson LJ has given important guidance on the scope of the Concessions Contract Regulations 2016 (“the CCRs”), the extent of the land transaction exemption, and the requirements for claimants to show ‘sufficiently serious breach’ in procurement claims more generally. This was the first case to consider the CCRs in such a level of detail, and – in a ruling likely to be welcomed by public authorities – the meaning of ‘concession contract’ for the purposes of the Regulations is construed relatively narrowly, with the land transaction exemption given a conversely generous interpretation. The judge’s comments on the hurdles which a claimant must surmount to be awarded Francovich damages for breaches of procurement law also have a notably pro-defendant slant.’
Monckton Chambers, 16th October 2019
Source: www.monckton.com
‘The Competition Appeal Tribunal (“CAT”) has today (28 October 2019) handed down its decision in the Trucks Cartel claims dealing with the funding of the claims.’
Hardwicke Chambers, 28th October 2019
Source: hardwicke.co.uk
‘The court outlined the principles applying to self-employed drivers whom hire replacement vehicles whilst their own is off the road as a result of a road traffic accident. The true measure of loss is the loss of profit suffered whilst their own, damaged vehicle is reasonably off the road. Hire costs of replacement vehicles are prima facie recoverable, but where the cost of hire significantly exceeds the loss of profit, the court will ordinarily limit damages to the lost profit unless the claimant can establish that they had acted reasonably.’
Park Square Barristers, 24th October 2019
Source: www.parksquarebarristers.co.uk
‘Applications for interim payments of costs are likely to continue to become more common, at least until some higher judicial authority suggests that they should not be allowed in principle or save in exceptional circumstances. In the meantime, practitioners would be well advised to be aware of some practical guidance as to how such applications should be presented.’
Hailsham Chambers, 24th October 2019
Source: www.hailshamchambers.com
‘The fact that a successful claimant recovered less than 10% of the damages he sought was not a sufficient reason to disallow some of his costs, the High Court has ruled.’
Litigation Futures, 24th October 2019
Source: www.litigationfutures.com
‘The family of a company director who died after being restrained on a street by police while suffering acute behavioural disorder (ABD) have called for more training to be given on how to deal with people experiencing such a crisis.’
The Guardian, 22nd October 2019
Source: www.theguardian.com
‘Last year, I wrote a post on this blog discussing a High Court judgment which held that qualified one-way costs shifting (‘QOCS’) protection does not apply automatically in proceedings where a claimant is advancing both a claim for damages for personal injury and a claim other than a claim for damages for personal injury (a “mixed claim”). The claimant’s appeal in in Brown v Commissioner of Police of the Metropolis [2019] EWCA Civ 1724 has now been unanimously dismissed by the Court of Appeal.’
UK Police Law Blog, 22nd October 2019
Source: ukpolicelawblog.com
‘A former Metropolitan police detective who successfully sued the force for wrongly using its powers to investigate her has lost her eight-year court battle to hold the police to account.’
The Guardian, 21st October 2019
Source: www.theguardian.com
‘The government needs to be sure that allowing hybrid damages-based agreements (DBAs) will not encourage abuse by lawyers, such as speculative litigation, the civil servant in charge of civil litigation reform has warned.’
Litigation Futures, 18th October 2019
Source: www.litigationfutures.com
‘A personal injury claimant who lied over whether he had credit cards which could have been used to pay for a replacement car, instead of credit hire, was fundamentally dishonest, the High Court has ruled.’
Litigation Futures, 17th October 2019
Source: www.litigationfutures.com
‘Changes to the damages-based agreement (DBA) regulations, including opening them up to defendants and allowing hybrid DBAs, have been put forward by an independent review – with the approval of Sir Rupert Jackson.’
Litigation Futures, 16th October 2019
Source: www.litigationfutures.com
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