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On 31 May 2022, HM Courts and Tribunals Service confirmed that changes to the Civil Procedure Rules requiring defendant legal representatives to use the Damages Claims Portal from 2 June 2022 has been postponed.
In May 2021, HM Courts & Tribunals Service (HMCTS) launched a Damages Claims Portal pilot scheme (DCP), a digital scheme for the issuing and initial progression of litigation in certain claims. On 4 April 2022, the DCP became mandatory for all claimant legal representatives dealing with claims in the County Court which come within the scope of PD 51ZB. The DCP is set to become mandatory for defendants from 2 June 2022.
In the personal injury arena, a defendant is often left picking up their own costs tab due to the application of QOCS. There are some exceptions to QOCS, of which a finding of fundamental dishonesty is one, but what is the position when the claim is fundamentally dishonest but this has been facilitated by improper, unreasonable and/or negligent conduct of the claimant’s own legal representatives?
Case review 07/10/2021
Today, the Court of Appeal handed down its judgment addressing a fundamental question: what is the proper approach of the court towards ‘uncontroverted’ expert evidence?