Monthly Archives: April 2016

Credit Hire – Defendant Entitled To Summary Judgment When Claimant Could Not Establish Need

By Colin Richmond Paul Simon Frankland v UK Insurance Ltd – Darlington CC – 18/03/2016 HHJ Armstrong refused the Claimant’s application for permission to appeal the decision of District Judge Read that the Defendant was entitled to summary judgment when the Claimant could not establish need in relation to a vehicle he had hired. Facts […]

Credit Hire Charges Remain In Protocol – Stage 3 Procedure Appropriate – Not Appropriate To Reallocate To Part 7

By Colin Richmond   Sean Phillips v Carol Willis [2016] EWCA Civ 401 In Phillips v Willis the Court of Appeal held that it was wrong in law and “irrational” for a claim proceeding via the low-value RTA Protocol to be reallocated to the small claims track simply because only hire charges remained in dispute. […]

Don’t assume you can serve the solicitors!

By Elliot Kay Gee 7 Group and Another v Personal Management Solutions Ltd and Others [2016] (unreported) The Defendants appealed against a master’s order that service of a claim form by the Claimants on their solicitors amounted to good service. The Claimants applied for service by an alternative method under CPR 6.15. Pre-action letters had […]

An approach to Fundamental Dishonesty in the Claimant’s absence

By Maxine Best A notable and well-known exception to Qualified One-Way Costs Shifting (QOCS) is that a Claimant whose claim is found to be “fundamentally dishonest” loses the protection of the QOCS rules. This exception can be found in CPR 44.16. However the concept of fundamental dishonesty remains undefined and in the absence of any […]


   By Colin Richmond   Whiplash quantum updates always seem to generate a reasonable amount of interest, presumably because they involve with the sort of cases that most practitioners deal with on a daily basis. The 13th Edition of the Judicial College Guidelines has now been with us for about six months. Accordingly, I thought […]