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Article 2020-10-22
In Scotland, the introduction of Qualified One Way Costs Shifting (QOCS) together with the economic downturn resulting from the COVID-19 pandemic, has arguably created fertile ground for an increase in fabricated, misrepresented and exaggerated claims. Ongoing vigilance is therefore vital.
Article 2020-10-16
There is a wealth of data generated by electronic devices or apps that the Civil Procedure Rules (CPR) permit disclosure of, but in reality it is often overlooked by both parties in litigation. Rule 31.5 and the Practice Direction to Part 31 of the CPR permit disclosure of electronic documents.
Case review 2020-09-30
In this case, J v A South Wales Local Authority [14.09.20], the claimant successfully appealed a decision in which permission had been granted to resile from admissions.
Case review 2020-09-21
The intricacies of Part 36 have been further illustrated by the judgment in this High Court case (Blackpool Borough Council v Volkerfitzpatrick Limited), where the court was asked to consider the impact of a withdrawn Part 36 offer and how the ‘reasonableness’ of rejecting such an offer should influence the liability for costs.
News 2020-09-02
The Australian arm of global insurance and litigation law firm Kennedys today announced the promotion of 10 lawyers to new senior roles, in the largest-ever group of promotions for the firm in Australia in a single year.
Case review 2020-08-26
The County Court at Brighton recently hosted the final chapter in the saga of Tess Garraway v Holland & Barrett Ltd, a public liability personal injury claim arising out of an accident in December 2013, with the judgment providing a useful reminder of the test to be applied when assessing fundamental dishonesty.
Article 2020-08-12
In this edition of the PI brief, we highlight a recent decision where insurer was not permitted to intervene to dispute liability and some procedural wins for defendants on psychiatric expert evidence and costs sanctions for exaggerated claims.
Article 2020-08-12
The Seventh Edition of the Ogden Tables was published on 1 August 2011. Much has changed in the intervening nine years as the Explanatory Notes to the Eighth Edition make clear, not least Brexit, a global pandemic and gradually declining improvements in life expectancy.
Case review 2020-08-10
In a decision handed down on 29 July 2020 the Court of Appeal ruled on the continuing personal injury and dependency claim by Lady Christine Brownlie against Four Seasons entities.
Article 2020-07-06
Our latest thinking into the insurance impacts arising from the ongoing crisis is offered against England entering Phase 3 of its recovery plan, with large parts of the economy opening for socially distanced service for the first time since early March.
