Updates and Briefing Papers

Vicarious Liability

• FOIL

Although the Court of Appeal found that the perpetrator’s acts had been committed at a time when his relationship with the defendant was ‘akin to employment’, it went on to hold that the torts were not sufficiently closely connected with his relationship with the defendant so as to give rise to vicarious liability.

Personal Injury Discount Rate Review (England & Wales)

• FOIL

The Ministry of Justice has published the minutes of the Personal Injury Discount Rate (PIDR) Expert Panel Meeting held on 21st July 2023.

The CJC Review of Pre-Action Protocols

• FOIL

On 21st August the CJC published its long-anticipated report, following the review of Pre-Action Protocols (PAPs) which began in 2000 and included a consultation to which 133 interested parties responded, including FOIL.

FRC Extension

• FOIL

The FOIL Costs SFT hosted an event in early July, at DWF’s offices in London on 3rd July and repeated in Manchester on 5th July, on how the new FRC rules would work in practice. With SFT members on the panel, there was an opportunity to consider and discuss the intricacies of the new regime. FOIL is a long-term supporter of FRC in principle and has been actively involved in lobbying on the detail of the new regime. Now the new rules are in place it’s clear that whilst some issues have been resolved in line with FOIL’s lobbying, other issues remain problematic.

When is a DBA not a DBA?

• FOIL

This appeal was concerned with a matter of statutory interpretation in the context of litigation funding. Litigation funding involves the agreement of a third party (with no prior connection to the litigation) to finance all or part of the legal costs of certain litigation, in return for a percentage of any damages recovered should the funded litigant be successful.

Event write up – Findings of Fundamental Dishonesty

• FOIL

The application of Denton to default judgments

• FOIL

FXF v English Karate Federation Limited and another (2023) EWCA Civ 891

Fixed Recoverable Costs: Consultation on issues relating to the new regime

• FOIL

The Ministry of Justice has published a consultation on issues relating to the extended fixed recoverable costs (FRC) regime. The consultation opened on Friday 21st July and closes on Friday 8th September 2023.

CPR Update

• FOIL

The Civil Procedure (Amendment No.3) Rules 2023 enter into force variously, on 14th August and 1st October 2023.

Revision of the Medical Reporting Process for low value RTA claims

• FOIL

On 18th July the MOJ opened a consultation on revising the Medical Reporting Process for Road Traffic Accident Claims valued at up to £5,000. The consultation is open until 10th October.

Interpreter’s fee may be allowed under CPR 45.29I(h)

• FOIL

The Court of Appeal held that that an interpretation of sub-paragraph (h) that precluded the recovery of reasonably incurred interpreter's fees in a case such as the present would not be in accordance with the overriding objective and the court was not bound by Cham in which counsel’s fee had been disallowed

The extent of a doctor’s duty of care to inform a patient about alternative possible treatments

• FOIL

McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) [2023] UKSC 26