Monthly Archives: September 2018

Multiple Defendants, Discontinuance and QOCS

Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654 When a claimant with the benefit of QOCS protection discontinues a claim there should be no enforceable costs order against them unless there has been fundamental dishonesty in bringing the claim. But what is the position in a case of multiple defendants where the same claimant is […]

ILOTT V MITSON (NO. 2) REVISITED

1. At long last, 18 months after the judgments were delivered, Ilott v Mitson has reached the Law Reports – [2018] AC 554. It gives an opportunity to look again at some of the views expressed by the Supreme Court in what was and may well remain the one and only time that the interpretation […]

CIVIL PROCEDURE DISCONTINUANCE, QOCS AND FUNDAMENTAL DISHONESTY

ALPHA INSURANCE A/S v LORRAINE ROCHE (1) and BRENDAN ROCHE (2) [2018] EWHC 1342 (QBD) (Yip J) – 25TH MAY 2018 The claimant discontinued a claim. The defendant’s alleged that the claim was dishonest and asked the court to determine the issue of fundamental dishonesty so the defendant’s could enforce their entitlement to costs. FACTS […]

RTA: UNSUPERVISED CHILD HIT BY CAR: CHILD NOT CONTRIBUTORILY NEGLIGENT AND MOTHER NOT BLAMEWORTHY

Caine Steven John Ellis (A Child by his Grandmother & Litigation Friend Janey Titley) v Paul Kelly (Defendant/Part 20 Claimant) & Violet Ellis (Part 20 Defendant) [2018] EWHC 2031 (QB) In this case the defendant driver admitted liability for personal injury suffered by the eight-year-old claimant whom he hit at speed. However, he sought a finding […]

Vulnerable road users and the new PI reforms

NEWS FLASH The Civil Liability Bill has just had its second reading and it has now been announced by David Gauk that vulnerable road users will be completely exempt from the new reforms.  Vulnerable road users, such as pedestrians and cyclists, had previously been exempt from all new provisions other than the increased small claims […]

HOW MUCH SHOULD A LEG COST? DETAILED CONSIDERATION OF SUITABILITY OF PROSTHETICS

In Swift v Carpenter [2018] EWHC 2060 (QB) Mrs Justice Lambert carried out a detailed consideration of the value and cost of prosthetic legs.   It is unusual for this issue to be considered at length and the judgment is worth reading for that issue alone.  Gordon Exall looks at the key points to come out […]

Discontinuance, costs, and multiple Defendants: BAE Systems Pension Funds Trustees Ltd v Bowmer & Kirkland Ltd [2018] EWHC 1222 (TCC)

This case is a reminder, if any were needed, of the difficulties facing Claimants in deciding whether or not to pursue multiple Defendants. BAE Systems Pension Funds Trustees Ltd v Bowmer & Kirkland Ltd [2018] EWHC 1222 (TCC) is a case concerning a construction dispute. The comments therein on costs and discontinuance are of general application […]