Monthly Archives: April 2015

COSTS MANAGEMENT, PROPORTIONALITY AND HOW THE COURTS WILL APPROACH COSTS INCURRED ACROSS THE 2013 DIVIDE

By Bronia Hartley CIP Properties (AIPT) Ltd (Formerly Norwich Property Trust Ltd) v Galliford Try Infrastructure Ltd (2015) EWHC 481 (TCC) (QBD (TCC)) The Lownds test v The Jackson test Since the introduction of the Civil Procedure Rules, the standard basis of assessment of costs in civil litigation has required costs to be proportionate to […]

Review of Costs Budgeting Process by Jackson LJ

By Colin Richmond   Following the introduction of costs budgeting as part of his wide-ranging package of civil justice reforms, Jackson LJ is now undertaking a review of the process. He is currently hosting a series of meetings around the country to obtain the views of practitioners as to which aspects of budgeting are working […]

No Change to Guideline Hourly Rates for Fee Earners

    By Jonathan Holsgrove The Master of the Rolls has completed his consultation with the Law Society and Government about the need to change the guideline hourly rates following his report last year that such a change was not needed. The outcome of this further consultation is that Lord Dyson has reiterated that guideline […]

Non-delegable duties of care: a recent case considered

By Elliot Kay GB v Home Office [2015] EWHC 819 (QB) The Claimant, GB (who was also a protected party), brought a claim in negligence against the Home Office arising out of medical treatment which she received whilst detained at Yarl’s Wood Immigration Removal Centre between 16 June and 27 July 2012. GB, an illegal […]

Arbitration across the nation? or PIcARBS before Marbs…!

By Frances Lawley A new initiative, PIcARBS, is attempting to introduce arbitration for personal injury disputes. The success of this approach will depend upon the extent to which co-operation between the parties, which is often sadly absent in personal injury litigation, can be achieved. Andrew Ritchie QC outlined his views on the current county court […]

LIFE EXPECTANCY, EXPERT EVIDENCE, THE STRAUSS TABLES AND THE RELEVANCE OF THE QUALITY OF CARE: DETAILED CONSIDERATION BY THE HIGH COURT

This Blog has already looked at the case of Robshaw -v- United Lincolnshire Hospital NHS Trust [2015] EWHC 923 (QB) in the context of judicial consideration of the basic principles of the law of damages. However the judgment of Mr Justice Foskett also contains some important observations in relation to life expectancy. In particular the […]

FUNDAMENTAL DISHONESTY RULING – QOCS DISAPPLIED!

By Catherine Duffy   In Creech v Severn Valley Railway (25th March 2015, Telford County Court, unreported) District Judge Rodgers made a finding of ‘fundamental dishonesty’ and denied a claimant the protection of qualified one-way costs shifting (QOCS). The claim was brought by a security guard who had fractured his shoulder. The defendant company had […]