Fixed costs only where pre-action protocol not followed – Zenith PI

‘An unreasonable failure to follow the Pre-Action Protocol for Low Value Personal Injury.’

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Zenith PI, 1st May 2018

Source: zenithpi.wordpress.com

Costs challenge: judge blocks historic files disclosure – Law Society’s Gazette

Posted March 29th, 2018 in costs, disclosure, documents, law firms, news, pre-action conduct by tracey

‘A judge has refused to hand over historic case documents to a former client claiming to be overcharged by a law firm in the latest blow to costs recovery claims.’

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Law Society's Gazette, 28th March 2018

Source: www.lawgazette.co.uk

Pre-action disclosure of insurance policies – Law Society’s Gazette

‘Peel Port Shareholder Finance Company Ltd v Dornoch Ltd [2017] EWHC 876 (TCC) serves as a reminder of the court’s approach to the rules on pre-action disclosure and the Third Parties (Rights against Insurers) Act 2010 (the 2010 act).’

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Law Society's Gazette, 8th January 2018

Source: www.lawgazette.co.uk

Solicitors, Statements of Truth and CNFS: Liverpool Victoria Insurance Company Limited v Yavuz and Otheres [2017] EWHC 3088 QB – Zenith PI Blog

‘In Liverpool Victoria Insurance Company Ltd v Yavuz and others, Warby J found that the parties to a crash-for-cash conspiracy were guilty of contempt of court.’

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Zenith PI Blog, 12th December 2017

Source: zenithpi.wordpress.com

Returning to the new Pre-Action Protocol for Construction and Engineering Disputes – Hardwicke Chambers

Posted November 24th, 2017 in construction industry, news, pre-action conduct by sally

‘Construction analysis: One year after the second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol) came into force, David Pliener looks at how it has been used in practice. He notes that while it has generally been well-received, the Protocol’s full impact has not been felt yet, and there are still areas where uptake has been slow. Nevertheless, over the past year, indications point to the overall success of the new regime.’

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Hardwicke Chambers, 3rd November 2017

Source: www.hardwicke.co.uk

Pre-Action Protocol for Debt Claims – Part II – 4 KBW

Posted October 4th, 2017 in civil procedure rules, debts, news, pre-action conduct by sally

‘On 1st October 2017, the Pre-Action Protocol for Debt Claims, (the “Protocol”) is to come into force. This raises the question: what is a ‘debt’? For this Protocol, the only ‘guidance’ provided is on the Information Sheet (Annex 1), “you have received this [notice] because a business believes that you owe it money”. None of the draft or consultation papers provide further guidance or seek to define the term ‘debt’ under English law.’

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4 KBW, 22nd September 2017

Source: www.4kbw.net

Pre-Action Protocol for Debt Claims – 4 KBW

Posted October 3rd, 2017 in debts, news, pre-action conduct by sally

‘The following article examines the concept of ‘debt’; this article focuses on the purpose, procedure and effects of the Protocol.’

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4 KBW, 20th September 2017

Source: www.4kbw.net

Pre-Action Correspondence – Not Just a Box to be ticked or a Hoop to be jumped through – NIPC Law

Posted August 4th, 2017 in intellectual property, news, practice directions, pre-action conduct by sally

‘Until the Civil Procedure Rules (“CPR”) came into force in 1999 solicitors specializing in intellectual property law heralded litigation with an ultimatum called a letter before action. Written in haughty if not insulting terms and accompanied by a humiliating form of undertakings, they were intended to shock the recipient into submission. They rarely achieved the desired result. As often as not they were simply ignored. Occasionally, they were answered by a defiant response. As a result, a lot of actions were launched that could easily have been settled without recourse to litigation.’

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NIPC Law, 2nd August 2017

Source: nipclaw.blogspot.co.uk

Judge calls for ‘procedural co-ordination’ in development of legal costs law – OUT-LAW.com

Posted March 2nd, 2017 in budgets, civil procedure rules, costs, news, pre-action conduct by sally

‘It will be important for judges to take a co-ordinated approach as the case law around legal costs and cost budgeting develops, a High Court judge has said.’

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OUT-LAW.com, 2nd March 2017

Source: www.out-law.com

Law Society intervenes in high-stakes appeal over the ‘£400 club’ – Litigation Futures

Posted February 9th, 2017 in appeals, costs, fees, insurance, law firms, Law Society, news, pre-action conduct by sally

‘The Court of Appeal has invited the Law Society to intervene in a highly significant hearing this month in which insurers are trying to recover millions of pounds in RTA claims portal fees from claimant solicitors in the so-called ‘£400 club’.’

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Litigation Futures, 9th February 2017

Source: www.litigationfutures.com

An expensive mistake: defendant to discontinued action sanctioned in costs for failure to comply with the pre-action protocol – Zenith PI Blog

‘Although a first instance decision of a district judge, the case of Nicole Chapman v Tameside Hospital NHS Foundation Trust (Bolton County Court, 15 June 2016, Case number B74YM281) warrants some attention. The defendant was ordered to pay the unsuccessful claimant’s fixed costs on discontinuance because of its failure to comply with the pre-action protocol.’

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Zenith PI Blog, 23rd August 2016

Source: www.zenithpi.wordpress.com

Gavin Edmondson Ltd v Haven Insurance Co Ltd – WLR Daily

Gavin Edmondson Ltd v Haven Insurance Co Ltd [2015] EWCA Civ 1230; [2015] WLR (D) 496

‘A solicitors firm which had concluded conditional fee agreements with road traffic victims and had entered those details in accordance with the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents on the website used by lawyers and insurers in such circumstances was entitled, when the claimants settled their personal injury claims directly with the defendants’ insurers, to recover the fixed costs and other sums payable under the Protocol scheme.’

WLR Daily, 2nd December 2015

Source: www.iclr.co.uk

When to call it a day… – Nearly Legal

Posted December 2nd, 2015 in asylum, health, housing, immigration, judicial review, news, pre-action conduct by sally

‘The risks of a client deciding to go it alone at the last stage of judicial review proceedings.’

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Nearly Legal, 30th November 2015

Source: www.nearlylegal.co.uk

Costs, Orders, Discontinuance and CPR r.38.6(1): Barker and Barker v Barnett (2015) (QBD) – Zenith PI Blog

Posted May 19th, 2015 in appeals, civil procedure rules, costs, news, pre-action conduct by sally

‘The court can depart from the usual rule in CPR r.38.6(1) that a Claimant who has discontinued their claim is liable for the costs which a Defendant has incurred and, alternatively, order that the Defendant pay a part of the Claimant’s costs.’

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Zenith PI Blog, 18th May 2015

Source: www.zenithpi.wordpress.com

What to do about the new Practice Direction – Pre-Action Conduct – NIPC Law

‘CPR 63.20 (2) requires those bringing claims in the Intellectual Property Enterprise Court (“IPEC”) including the small claims track to state whether they have complied with paragraph 7.1(1) and Annex A (paragraph 2) of the Practice Direction (Pre-Action Conduct). If they don’t the defendant has an extra 28 days in which to file his or her defence under CPR 63.22 (3). But if you actually turn to the Practice Direction – Pre-Action Conduct you will find that the old paragraph 7 and Annex A aren’t there any more.’

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NIPC Law, 6th May 2015

Source: www.nipclaw.blogspot.co.uk

Costs and Applications for Pre-action Disclosure – Zenith PI Blog

Posted February 12th, 2015 in civil procedure rules, costs, disclosure, news, pre-action conduct by sally

‘It may come as a surprise to many solicitors that there is a presumption that the costs of making and complying with an application for pre-action disclosure are to be paid by the party making the application.’

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Zenith PI Blog, 11th February 2015

Source: www.zenithpi.wordpress.com

Government backtracks on mesothelioma reforms but moves to end recoverability – Litigation Futures

‘The government has responded to widespread pressure and scrapped plans to impose an insurance industry-devised mesothelioma pre-action protocol (PAP) and the fixed recoverable costs regime (FRC) that underpinned it.’

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Litigtaiton Futures, 5th December 2013

Source: www.litigationfutures.com

Law Society rejects fixed recoverable costs for mesothelioma claims – Litigation Futures

Posted November 14th, 2013 in asbestos, costs, Law Society, news, personal injuries, pre-action conduct by tracey

“The Law Society has come out strongly against the introduction of fixed recoverable costs (FRCs) for mesothelioma claims and argued that while a dedicated pre-action protocol (PAP) could be a good idea, the one proposed by the Association of British Insurers and adopted by the government is not.”

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Litigation Futures, 14th November 2013

Source: www.litigationfutures.com

Pre-action correspondence and costs following discontinuance: a practical view from the Bar – Littleton Chambers

Posted April 11th, 2013 in civil procedure rules, costs, news, pre-action conduct by sally

“In his monthly column, James Bickford Smith considers the Court of Appeal’s decision in Nelson’s Yard Management Company and others v Eziefula [2013] EWCA Civ 235 and how a failure to respond to pre-action correspondence can justify departure from the default rules on costs following discontinuance.”

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Littleton Chambers,

Source: www.littletonchambers.com

Next Step in the Bar Council’s Judicial Review on Legal Aid – The Bar Council

Posted February 18th, 2010 in consultations, legal aid, news, pre-action conduct by sally

“The Bar Council’s pre-action protocol letters for judicial review of two consultations which are being conducted by the Ministry of Justice and the Legal Services Commission, have been delivered today (17 February).”

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The Bar Council, 17th February 2010

Source: www.barcouncil.org.uk