Monthly Archives: October 2018

Zenith’s Annual PI Seminar

PERSONAL INJURY LITIGATION IN AN AGE OF PROPORTIONALITY 2018: KNOWLEDGE, SKILLS AND EFFICIENCY TO HELP YOU THROUGH 2019 AND BEYOND. To book on the course – follow the link here.  This year Zenith’s Annual Update developments in the personal injury world has  a particular emphasis on efficiency cost-effectiveness. To help ensure that you can deliver […]

Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214: Vicarious liability for assault considered in the Court of Appeal

This case was heard recently in the Court Of Appeal before Lord Justice Erwin, Lord Justice Moylan and Lady Justice Asplin.  Lady Justice Asplin gave the leading judgment with which the Lord Justices agreed.  However, Lord Justice Erwin was keen to emphasise at paragraph 37, “how unusual are these facts and how limited will be […]

​Stayin’ Alive – Claim Form Success For Claimant In The Court Of Appeal

In Grant v Dawn Meats (UK) [2018] EWCA Civ 2212, the Court of Appeal held that an order staying the matter also stayed the Claimant’s obligation to serve the claim form. That being the case, the Claimant was not out of time for serving the claim form when he did so within the four month period […]

​Reckless contempt: Liverpool Victoria Insurance Company Limited v Khan and others [2018] EWHC 2581 (QB)

The need to avoid making dishonest and misleading assertions in the context of litigation is not, frankly, something which the High Court should need to reiterate. The judgment of Garnham J in Liverpool Victoria Insurance Company Ltd v Khan and others [2018] EWHC 2581 (QB) therefore makes for sobering reading. The interesting point of principle arising out […]

​Allen v Brethertons LLP (2018)- You’ve got to send a bill of costs to your client, even in fixed costs cases

This is a recent decision of the Senior Courts Costs Office which deals with the need for solicitors to provide their clients with a bill of costs, even in fixed costs case where the solicitors were instructed on the basis of a CFA and where costs were recovered from the other side. The Defendant firm […]

ISSUE-BASED COSTS ORDER? Departing from the usual rule in r.44.2 CPR

In Welsh v Walsall Healthcare NHS Trust [2018] EWHC 2491 QB, Mrs Justice Yip DBE considered whether it was reasonable to depart from the usual rule in r.44.2 that the winner recovers their costs in full. This is a useful example of how a Court approached the principle of costs when the overall winning party was unsuccessful […]