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Ward v Tesco Stores revisited

Ward v Tesco Stores (1976) 1 WLR 810 is regarded by many personal injury practitioners as an effective forensic weapon, allowing claimants to throw a burden of proof onto the Defendant which might otherwise represent an insurmountable obstacle to the claim.

It…

Non-Party Costs Orders & Credit Hire Companies

Introduction

This article discusses a recent case where I was instructed to act on behalf of an insurer defendant in an application for a non-party costs order against a credit hire company which had provided a claimant with a vehicle on credit…

The Dekagram: 9th October 2023

This week’s Dekagram examines what happens when rules change: that transitional period between one set of rules and another, when no one is quite sure what’s happening. We seem to have had quite a few of those recently; just as we were…

Court Bundles – if we don’t fear them, we should

The team knows of one eminent silk whose greatest apprehension prior to appearing in the Court of Appeal is not about his (meticulous) case preparation or his (encyclopaedic) legal knowledge, but whether the Court will raise some hitherto unnoticed issue with pagination….

To Budget or Not to Budget? The arguments for and against costs budgeting at an early stage in proceedings

In May 2023 the Civil Justice Council published its Costs Review setting out its recommended alterations to the rules governing costs in respect of claims issued in the courts of England and Wales. In summary, as regards costs budgeting the Review found…

The Dekagram: 2nd October 2023

This week’s Dekagram is all about jurisdiction and in particular the application of the post-Brexit rules on service outside the jurisdiction. As anticipated, Brexit has led to an avalanche of contested applications around jurisdiction, some of them relating to proceedings issued prior…

The Dekagram: 25th September 2023

You wait ages for a government consultation, and then they all come along at once. Not only is the consultation on fixed recoverable costs ongoing (particularly excitingly, given that the regime is only a week from implementation), the (mixed) results are in…

The Dekagram: 18th September 2023

This week’s Dekagram features carriage by air, sea and torpedo, and some interesting developments brought to our attention by our network of friends. We’re very grateful to our readers for keeping us so well-informed; we aim to reciprocate and to pay it…

PI Focus: Expert Evidence in Cross Border Clinical Negligence Claims

We have previously written about the particular considerations pertaining to expert evidence in claims involving either foreign law or a foreign jurisdiction, but one area which bears further scrutiny is the rapidly developing field of cross border clinical negligence claims. So-called ‘medical…

The Dekagram: 11th September 2023

Just as the team settled down to enjoy the unusual rendering of the national anthems at the rugby World Cup this weekend, we were distracted by the publication by the Department for Business and Trade of its guidance on the Retained EU…

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