MONTHLY ROUNDUP: April 2015

April has seen a great deal of discussion on costs and budgeting. Here is a review of what else we have been writing about this month.

DAMAGES

• Gordon Exall discussed Another Example Of The Judges Going Back To Basics when assessing damages in serious personal injury claims.
• Gordon Exall also looked at the importance of the decision in Robshaw -v- United Lincolnshire Hospital NHS Trust [2015] EWHC 923 (QB) in relation to the issue of life expectancy in Life Expectancy, Expert Evidence, The Strauss Tables and the Relevance of the Quality of Care: Detailed Consideration by the High Court

PROCEDURE

• Bronia Hartley considered when you should get permission to adduce oral expert evidence at trial in Permission For Oral Expert Evidence – When Should You Get It?

COSTS

• Bronia Hartley considered the amendments to Part 21 and the subsequent confusion as to how solicitors seek a payment out from the protected party’s fund in Part 21 – Children and Protected Parties – New Scheme Where Solicitors Seek a Payment Out Under a DBA or CFA
• Catherine Duffy discussed the costs consequences of a finding of ‘fundamental dishonesty’ in Fundamental Dishonesty Ruling – QOCS Disapplied
• Jonathan Holsgrove discussed the recent decision by the Master of the Rolls to keep guideline hourly rates for fee earners the same in No Change to Guideline Hourly Rates for Fee Earners 
• Colin Richmond summarised the points that were raised at a recent meeting with Jackson LJ to discuss costs budgeting in Review of Costs Budgeting Process by Jackson LJ
• Bronia Hartley discussed Costs Management, Proportionality and How the Courts Will Approach Costs Incurred Across the 2013 Divide

ALTERNATIVE DISPUTE RESOLUTION

• Frances Lawley considered the new initiative to introduce arbitration for personal injury disputes in Arbitration Across The Nation? Or PIcARBS before Marbs…?

LIABILITY

• Elliot Kay considered the case of GB v Home Office [2015] EWHC 819 (QB) and Non-delegable Duties of Care