Interpreting an applicable law and jurisdiction clause Update 6th Feb 2023Applicable Law, Construction, CPR & Courts, Jurisdiction, Legal principles, Overseas Law & BrexitFOILAl Mana Lifestyle Trading LLC and others (claimant/respondents) v United Fidelity Insurance Company PSC and others (defendant/appellants) (2023) EWCA Civ 61
HO to be reversed Update 6th Feb 2023Agreement, Costs, Costs, CPR & Courts, CPR 44.14, Deemed Orders, Ho v Adelekun, QOCS, Set-offFOILThe Civil Procedure Rules Committee (CPRC) has at last addressed the problem thrown up for defendants by the original wording of CPR 44.14, as highlighted in the cases of Ho v Adelekun and Cartwright v Venduct. The amendments come into effect on 6th April 2023.
Claims Portal and Product Liability Claims Update 25th Jan 2023Consumer Protection Act 1987, Damages, Definition, Legal principles, Low Value Public Liability Claims, Pre-action Protocol, Product Liability, Product Liability, Protocols and PortalsFOILA recent post by Gordon Exall in Civil Litigation Brief (here) reported on a first instance decision concerning whether product liability claims fall within the scope of the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims – commonly referred to as the ‘Claims Portal’.
Mixed Injury Claims: Has the Court of Appeal provided any useful guidance? Analysis Update 24th Jan 2023Common Law Basis, CPR & Courts, Damages, Dissenting Judgment, Legal principles, Mixed Claims, Motor, PSLA, S3 Civil Liability Act 2018, Tariff Damages, Whiplash Injury Regulations 2021FOILYoann Samuel Rabot v. Charlotte Victoria Hassam: Matthew David Briggs v. Boluwatife Laditan and The Association of Personal Injury Lawyers and The Motor Accident Solicitors Society (Interveners) (2023) EWCA Civ 19
Mixed Injury Claims: Has the Court of Appeal provided any useful guidance? Update 20th Jan 2023Damages, Legal principles, Mixed Claims, Motor, PSLA, S3 Civil Liability Act 2018, Tariff Damages, Whiplash Injury Regulations 2021FOILYoann Samuel Rabot v. Charlotte Victoria Hassam: Matthew David Briggs v. Boluwatife Laditan and The Association of Personal Injury Lawyers and The Motor Accident Solicitors Society (Interveners) (2023) EWCA Civ 19
Setting aside a Notice of Discontinuance and QOCS Update 19th Jan 2023Conduct, Costs, CPR & Courts, CPR 3.4(2)(b), CPR 38.4, CPR 44.15c, Enforcement of Costs Orders, Legal principles, Notice of discontinuance, QOCSFOILExcalibur & Keswick Groundworks Ltd v McDonald (2023) EWCA Civ 18
MOJ Call for Evidence on the Personal Injury Discount Rate Update 17th Jan 2023Call for evidence, CPR & Courts, Dual and/or multiple discount rates, Injury, Legal principles, Switchover PeriodFOILThe MOJ has today launched its call for evidence in advance of setting a new Discount Rate (DR). The call for evidence closes in 12 weeks, on 11th April. The full paper may be found at: Personal Injury Discount Rate: Exploring the option of a dual/multiple rate - GOV.UK (www.gov.uk)
Interpreting an exclusion clause: Pollution or Contamination Update 16th Jan 2023Chain of causation, Environment, Exclusion clause, Injury, Legal principles, Policy of insurance, Policy wordings and principles, Pollution or contamination, Proximate causeFOILBrian Leighton (Garages) Limited v Allianz Insurance Plc (2023) EWCA Civ 8
When Part 36 and QOCS clash Update 20th Dec 2022Costs, CPR & Courts, CPR 36, Defendant's costs, Part 44.14, QOCS, Set-offFOILIn Chappell v Mrozek (2022) EWHC 3147 (KB) the claimant had accepted the defendant’s Part 36 offer 20-months outside of the "relevant period" as defined in CPR 36.3, such that they were required to agree liabilities for costs with the defendant.
FRC Extension Delayed Update 18th Nov 2022Costs, CPR & Courts, Extension of Fixed Recoverable Costs, Fixed Recoverable Costs, Intermediate TrackFOILIn a speech today by Lord Bellamy, it has been announced that the Ministry of Justice has confirmed that fixed recoverable costs (FRC) will not be extended until October next year. Previously the changes were scheduled for April 2023.
FOIL Northern Ireland Update – Making a Drama out of a Crisis Update 15th Nov 2022Events, FOILFOIL Northern IrelandThis learning event was held on 26th October and was hosted by FOIL NI.
Challenging claims for psychological injury – write up Update 9th Nov 2022Events, FOIL, Fraud, Fraud, Injury, Psychological injuryFOILThe event was hosted by Shirley Denyer (FOIL), Miles Hepworth (DWF and Fraud SFT) and Matthew Ruck (Keoghs and Rehabilitation SFT).