Author Archives: zenithpi

Understandable Relief – CPR 3.9 Appeal – Late Filing Of Costs Budget

By Colin Richmond   I recently represented the Claimant/Appellant before HHJ Gosnell in Leeds in relation to an appeal against the refusal of an application for relief from sanctions at first instance. The appeal was successful, with relief being granted and the Claimant being permitted to rely on his costs budget, despite it having been […]

Johnson v MoD and date of knowledge in noise-induced hearing loss limitation trials

By Mark Henley The decision of the Court of Appeal in Johnson v Ministry of Defence [2013] P.I.Q.R. P7, [2012] E.W.C.A. Civ 1505 provides a potential “knockout blow” for Defendants in noise-induced hearing loss limitation trials where attributability is disputed by the Claimant. Legal summary Issues relating to limitation in noise-induced hearing loss trials can […]

Whalley v Advantage Insurance [2017]: Costs consequences following the late acceptance of Part 36 offers in fixed costs cases

By Elliot Kay   The Claimant brought a claim for personal injury arising out a road traffic accident which took place on 11th July 2014. The Claimant went on to make a Part 36 offer to accept an 85/15 split on liability dated 7th December 2015. The Defendant’s time for accepting the offer expired on […]

You can’t have it both ways: costs and applications 

By Peter Yates   Higgins and others v (1) ERC Accountants and Business Advisers Ltd and (2) Granite Tax Ltd [2017] EWHC 2190 (Ch) In Higgins and others v (1) ERC Accountants and Business Advisers Ltd and (2) Granite Tax Ltd [2017] EWHC 2190 (Ch) His Honour Judge Pelling QC, sitting as a judge of […]

THE 14TH EDITION OF THE JUDICIAL COLLEGE GUIDELINES: A BRIEF COMMENTARY

By Mark Henley On 17 September 2017 the new, 14th, Edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases was published: replacing the previous 13th Edition, published in September 2015. By way of commentary, the following three changes from the previous Edition are worth highlighting (from amongst eight […]

Pre-1st April 2013 CFAs are for life, not just for Christmas

By Bronia Hartley   June Catalano v Espley-Tyas Development Group Ltd [2017] EWCA Civ 1132 The appellant employee appealed against a decision that the qualified one-way costs shifting (QOCS) regime was not applicable to her claim for loss and damage suffered as a result of noise-induced hearing loss sustained during her employment with the respondent […]

Uncertainty of prognosis is no excuse for late acceptance of Part 36 offer

By Frances Lawley   Briggs v CEF Holdings Ltd (2017) CA (unreported) It is not uncommon for a defendant to make a part 36 offer early on in proceedings before the full prognosis is known. The frequency with which claimant representatives are faced with the difficulty of advising clients in these circumstances does not reduce […]