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 […]

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 […]

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, […]

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 […]

The shouts from teachers of ‘don’t run’, ‘slow down’ and ‘keep to the left’ echo around the corridors of schools up and down the country.  Whilst chalk boards have given way to SMART boards these commands have stood the test of time but are they still applicable today? What standards are expected of schools to protect students especially in […]

In Wright v Satellite Information Services Limited [2018] EWHC 812 (QB) the Defendant appealed against the decision of the trial judge, HHJ Pearce, who refused to make a finding of fundamental dishonesty within the meaning of section 57 of the Criminal Justice and Courts Act 2015. The case highlights the need for consistency of approach between the […]

UK Insurance Ltd –v- Gentry [2018] EWHC 372B In this High Court action a road traffic insurer recovered damages in the tort of deceit against the Defendant following a staged accident. Justin Crossley Background The Defendant alleged that his vehicle was in collision with another vehicle.  He claimed the other driver was at fault and […]