Author Archives: zenithpi

Indemnity costs, allegations of fraud and discontinuance: PJSC Aeroflot v Forus and others [2018] EWHC 1735 (Ch)

There are lessons for practitioners in all areas in the judgment of Rose J in Aeroflot v Forus and others. That case – a long-running chancery matter concerning skulduggery, political intrigue and alleged fraud –stands as a reminder that parties plead fraud at their peril. The Claimant, Aeroflot, alleged that the Defendants had perpetrated or facilitated […]

Whiplash Reforms Delayed Until April 2020

The MOJ has today confirmed that the implementation of sweeping reforms to whiplash claims, introduced by the Civil Liability Bill, will be delayed until April 2020. Included in the reforms are measures such as an increase in the small claims limit and a tariff-based system of compensation for whiplash claims. The Ministry of Justice originally […]

FALSE PROMISES AND PENURY: STILL NO SIGN OF SURRENDER IN THE CREDIT HIRE WAR

For those with an interest (perhaps in the broadest sense of the word) in credit hire litigation, the long-running war between credit hire organisations (‘CHOs’) and motor insurers continues with a judgment from Mr Justice Turner in the QBD. In the appeal of Miss Katherine Ann Irving -v- Morgan Sindall plc [2018] EWHC 1147 (QB) Turner J […]

​FIXED COSTS ONLY WHERE PRE-ACTION PROTOCOL NOT FOLLOWED

An unreasonable failure to follow the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims before settling a claim pre-issue will very likely lead to only fixed costs being recovered and the time to raise such an argument is when filing an acknowledgment of service to Part 8 costs-only proceedings. The […]

Civil Liability Bill Emerges Unscathed After Second Reading in The House of Lords on 24 April 2018

The Civil Liability Bill, which will bring in significant reforms for personal injury claims if it comes into force, had its second reading in the House of Lords on Wednesday this week.  It was debated for around four hours.  Despite criticism from several peers, the bill will move to the committee stage of consideration next […]

The fruits of iniquity: RTA Protocol fixed costs and the solicitor’s lien

On 18th April 2018 the Supreme Court gave judgment in Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd. The case represents an important victory for Claimant solicitors, who would be well advised to review their files for previous cases falling within its ambit. The case concerned the recoverability of Claimant solicitors’ costs in circumstances where, […]

Bundles of Joy – Trial Bundles and The Poor Old Judge

Your average Counsel is a fairly robust beast of burden, used to carrying large amounts of paper, without complaint, the length and breadth of the country. Trial bundles running to several hundred pages in even the most straightforward of personal injury cases are not uncommon. In my experience, however, judges are becoming more and more […]