Monthly Archives: December 2014

Recovering Inquest Costs in Civil Proceedings

By Justin Crossley Lynch vs Chief Constable of Warwickshire Police, Warwickshire County Council and Coventry and Warwickshire NHS Trust The Senior Court Cost Office has handed down a decision in the above case offering additional guidance as to when and what costs of attending an inquest can be recovered in subsequent civil proceedings.

EXTENSIONS OF TIME TO FILE NOTICES OF APPEAL AND RELIEF FROM SANCTIONS: R (on the application of DINJAN HYSAJ) v Secretary of State for The Home Department: Fathollahipour v Aliabadibenisi: May v Robsinson [2014] EWCA Civ 1633

By Ruwena Khan CPR r.3.9 rears its growling head again…but a more robust approach, nevertheless, should not be taken as encouragement to refuse reasonable extensions of time or to seek tactical advantage in every minor default. The Court of Appeal has ruled that extensions of time to file notices of appeal under CPR r.3.1(2)(a) had […]

STRIKE OUT even when liability admitted and quantum only in dispute:

By Vilma Vodanovic  Zaman v Paradise UK Ltd 11.12.2014 QBD (unreported) This was an appeal from a master’s decision to strike out a personal injury claim where liability had been admitted for a number of years and the claimant was always going to be entitled to some damages, albeit modest. Judge Seymour QC, hearing the […]

Failure to file LQ – Relief from sanctions refused

By Nicola Phillipson British Gas Trading Ltd v Oak Cash & Carry Ltd [2014] EWHC 4058 (QB) 5th December 2014 Relief from sanctions refused where a failure to file the LQ in breach of an unless order led to the loss of the trial date.  Although the Defendant applied for relief from sanctions, there was […]

Criminal Injury Compensation Authority (CICA)’s refusal of application for compensation arising out of Fetal Alcohol Spectrum Disorder (FASD) is endorsed by Court of Appeal : CP (A Child)  v First Tier Tribunal (Criminal Injuries Compensation) [2014] EWCA Civ 1554

By Kate McKinlay Yesterday the Court of Appeal gave a vote of confidence in CICA’s recent policy change on FASD inflicted injuries.  The Court concluded that, as a foetus was not ‘any other person’ in the eyes of the criminal law, the mother’s damagingly excessive alcohol consumption was NOT an act of violence susceptible to […]

Instruction of experts under CPR 35 in the age of Mitchell and Denton.

 By Jonathan Holsgrove The 1st December 2014 saw the way experts are instructed under CPR 35 change with the implementation of new guidance from the Civil Justice Council.  The guidance, published earlier this year, replaces the protocol for the instruction of experts contained in the Practice Direction to CPR 35.  It offers guidance to experts […]