Monthly Archives: August 2016

CONFLICTS OF INTEREST IN ROAD TRAFFIC CLAIMS: DRIVERS AND PASSENGERS

 By Mark Henley A number of my recent cases have highlighted the perennial problem of claimants’ solicitors in road traffic cases failing to identify conflicts of interest at an early stage between drivers and passengers in the same vehicle. It is common for both a driver and one or more of that driver’s passengers all […]

An expensive mistake: defendant to discontinued action sanctioned in costs for failure to comply with the pre-action protocol

By Frances Lawley Although a first instance decision of a district judge, the case of Nicole Chapman v Tameside Hospital NHS Foundation Trust (Bolton County Court, 15 June 2016, Case number B74YM281) warrants some attention. The defendant was ordered to pay the unsuccessful claimant’s fixed costs on discontinuance because of its failure to comply with […]