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The notes at [44.3.3] of the 2019 Consolidated Edition of Civil Procedure (the White Book) (p.1390) read: “As yet no guidance has been provided by the Court of Appeal as to how the test of proportionality introduced on 1 April 2013 by r.44.3(2) and (5) should be applied …” That is no longer the case.
Last week HHJ Simpkiss sitting as a judge of the High Court gave judgment in the wasted costs proceedings in the case of McClelland v The Chief Constable of Sussex Police. Finding in favour of the applicant Chief Constable the Court determined that the Claimant’s legal representatives, Sophie Khan & Co Solicitors had acted unreasonably
In Seekings v Moores  EWHC 1476 (Comm) (May 2019), the Defendant sought to revise his costs budgets upwards by a total of over £130,000 on the basis that there had been significant developments in the litigation. HHJ Worster, sitting as a judge of the High Court, was asked to determine (1) whether the court
THE ILLEGALITY DEFENCE: BACK TO THE SUPREME COURT AGAIN Illegality and the doctrine of “ex turpi causa non oritur acta” rival the issue of vicarious liability for the number of appellate level decisions they have generated in recent years. In Patel v Mirza  UKSC 42 the Supreme Court sat as a court of 9
Andrew Warnock QC has written the chapter reviewing the Supreme Court’s decisions in the fields of personal injury, professional responsibility and tort during the 2017-2018 legal year in the UK Supreme Court Yearbook volume 9. The UK Supreme Court Yearbook Volume 9 (2019) is available now, published by Appellate Press.
Consider the following, not unusual, scenario. In a case subject to QOCS, a defendant makes an early offer to settle. The claimant does not accept the offer and runs the case to trial. The claim succeeds and the judge awards the claimant something, but less than the defendant’s offer. The court makes the usual costs
In the case of XX (Respondent) v Whittington Hospital NHS Trust (Appellant) permission to appeal to the Supreme Court has been granted. The Appeal has been listed for 16th and 17th December 2019, with a time estimate of 1.5 days. Whittington Hospital NHS Trust is represented by Lord Faulks QC of 1 Chancery Lane and
Recent years have seen the Courts being better equipped to deal with the question of how to deal with claimants who falsify or exaggerate claims. As a body of case law begins to develop, this issue of the PI Briefing traces its development, considers how it might assist those advising litigants in such claims and
1 Chancery Lane is a long-established civil common law set with market leading specialisms in professional and clinical negligence, police law, public sector law, property law and travel law. In parallel with recruitment by means of 12 month pupillages, Chambers occasionally offers a route to tenancy application by means of “third-six” pupillage/probationary tenancy. We have
Executive Summary of the Decision of the Supreme Court Handed Down on June 6th 2019 The Supreme Court dismissed the claimants’ appeal on a unanimous basis, upholding the striking out of their claims by the Court of Appeal. Lord Reed gave the single judgment with which all the other members of the court agreed. The