QOCs and Tour Operators: Further Thoughts by Matthew Chapman

This Note is a further rumination on Frances McClenaghan’s recent post about the Court of Appeal’s very recent decision in Wagenaar. It considers the tactical implications (for Tour Operators) of the QOCs rules (in respect of Part 20 recovery claims against local suppliers). It is not uncommon for a Tour Operator, saddled with a package holiday personal injury claim, to bring Part 20 p... [Continue Reading]

"Professional" McKenzie Friends: LSB reaction to Consumer Panel's Recommendations by Thomas Crockett

Those of us who are professional advocates reacted largely with horror when the Legal Service Consumer Panel called in April of this year for a “culture shift” in favour of recognising the rise in and increasing use of paid McKenzie Friends in our courts by extending regulation to them. Quite why this quango exists in the first place may well be a mystery to some (as it is to the write... [Continue Reading]

QOCS does not apply to additional claims by Frances McClenaghan

The QOCS rules apply to a single claim against a defendant which includes a claim for damages for personal injury. In Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) ([2014] EWCA Civ 1105) the Court of Appeal held that these rules are not applicable to the entire action in which a claim for damages for personal injury is made. Thus the QOCS rules did not apply to an additional claim under CPR Part... [Continue Reading]

The ever-ageing 13-Year-Old Compensation Discount Rate by Thomas Crockett

There has been a further delay to the much-anticipated and important decision on the discount rate to be applied to compensation. And this comes almost two years after conclusion of the consultation on the question of whether the current rate of 2.5% should be modified.   This issue is of course of extreme importance to anyone involved in injury litigation. The legal professions are somew... [Continue Reading]

Pre-Jackson Costs Regime and the Right to a Fair Trial by Tom Collins

Since the Jackson reforms came into force from 1 April 2013, the last wave of claims funded by “old style” CFAs have been working their way through to trial up and down the country. It had been assumed that defendants would simply have to grit their teeth in the meantime and accept their liability to pay claimant lawyers a success fee and the ATE premium. But in the recent case of Cove... [Continue Reading]

A Judgment for What? The Effect of Default Judgments by Paul Stagg

Where a defendant admits breach of duty but wishes to contest causation, injury and quantum, it has in the past been common practice for it to allow judgment to be entered in default of Acknowledgment of Service or of Defence and to proceed to contest the remaining issues at an assessment of damages hearing.  An alternative course of action, which in the short term is more expensive, is to fi... [Continue Reading]

Coroners, Consistency and Change by Simon Readhead QC

  Harold Macmillan is famously said to have observed that:   “There are three bodies no sensible man directly challenges: the Roman Catholic Church, the Brigade of Guards and the National Union of Mineworkers”.   To this list should perhaps be added the Royal British Legion.   The Coroners and Justice Act (CJA) 2009 contained legislation to reform the ... [Continue Reading]

A Head for Heights by Simon Readhead QC

  “… I was out in the garden with my stepladder today. Not my real ladder. I don't get on with my real ladder …” I was reminded of this old one liner when reading the latest instalment of the government’s Red Tape Challenge This is the revised guidance issued by the Health and Safety Executive (HSE) on working at height. This is now much simpler and set... [Continue Reading]

Exit Mitchell enter Denton by Ian Miller

Our jurisdiction generally does not favour laws (whether judge- or parliament-made) which fail to take account of what is just in the individual circumstances of the particular case. The common law prides itself in being able to adapt to new situations to yield what we would generally understand to be the ‘right’ result. This is a priority of our legal system and Mitchell fell foul of ... [Continue Reading]

Allocation and admissions by Ian Miller

Where a defendant admits a part of a claim, how does the admission affect the allocation of the claim? This was the question considered in Akhtar v Boland [2014] EWCA Civ 872. The defendant filed a Defence admitting hire, recovery and storage charges in the sum of £2,496. The claimant’s claim was pleaded at more than £5,000 but less than £10,000. However, if the sum of &pou... [Continue Reading]

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