Clean air: a claim under Article 1? by Ian Miller

In February 2013 nine-year-old Ella Kissi-Debrah from Hither Green in South London died after suffering a severe asthma attack. “Can the courts be used to establish that we have a human right to clean air?” asked Nick Robinson on the Today Programme this morning. A report by Royal College of Physicians has apparently linked 40,000 deaths to pollution each year.  A successful case ... [Continue Reading]

Trial advocacy fees recoverable even if the matter settles on the day of trial by Francesca O'Neill

TRIAL ADVOCACY FEE IS RECOVERABLE, EVEN IF THE MATTER SETTLES AT THE "DOOR OF THE COURT" - NEW DECISION FROM THE APPEAL COURT. The appeal court has found that, even where a matter settles “at the door of the court” and so no effective trial has taken place, the fixed trial advocacy fee is recoverable under CPR Pt 45 Pt IIIA. The court further found that a matter could be disposed ... [Continue Reading]

Trial by ambush? by Ella Davis

In Hayden v Maidstone & Tunbridge Wells NHS Trust [2016] EWHC 1121 (QB) Foskett J, albeit with “considerable misgiving”, allowed a Defendant to rely on surveillance footage that had been disclosed so late that it caused the trial date to be vacated. The decision is not so much of interest because of its outcome but for the judge’s more general comments on the issue of when su... [Continue Reading]

QOCS : applies to appeals? by Thomas Crockett

Qualified One-way Costs Shifting: does it apply to appeals?   Yes, according to Edis J in Parker v Butler [2016] EWHC 1251 (QB), who held:   3.         If (as is likely to be the case here) the claimant's access to justice is dependent on the benefit of QOCS, that access will be significantly reduced if he is exposed to a risk as to the c... [Continue Reading]

Why settlement of a personal injury claim does not bring the application of the RTA Protocol to an end by Ben Hicks

The recent Court of Appeal decision in Phillips v Willis [2016] EWCA Civ 401 has provided welcome clarity as to the fate of claims initially made through the RTA portal when the personal injury element has been resolved prior to litigation commencing at Stage 3, but a dispute as to low-value special damages remains live between the parties.   The matter in question arose out of a collision b... [Continue Reading]

Paying the (full) price? Underpaid fees and limitation periods by Simon Murray

If you pay less than the appropriate fee when issuing your claim before the expiry of the limitation period is your claim in time? Or do you pay the price by being statute barred?   On 7 April 2016 Warby J. sitting in the QBD was asked to determine a summary judgment/strike out application in case called in Bhatti v Asghar which raised this issue.   The claimants in this breach ... [Continue Reading]

Cost Budgets – Rule Changes by Roderick Abbott

Changes to the CPR coming into force today alter the rules relating to cost budgets. In cases with a stated value of over £50,000 all parties except litigants in person will now exchange budgets 21 days before the first case management conference. Parties must then file an agreed  “budget discussion report” at least 7 days before the first CMC setting out what is agreed, wha... [Continue Reading]

Damages for abuse by Roderick Abbott

The Claimant in KCR v The Scout Association [2016] EWHC 597 (QB) suffered sustained abuse by a Cub Scout Group Leader when a young boy in the 1980s. In 2003 the abuser was convicted of a large number of sexual offences against boys including the Claimant. As might be expected, given recent trends in this area of law, the Defendant admitted that it was vicariously liable for the abuser’s acti... [Continue Reading]

Claims of alleged fraud not exempt from Denton by Ella Davis

“The court cannot ignore that insurers are professional litigants, who can properly be held responsible for any blatant disregard of their own commercial interests.” - Gentry v Miller & Anor [2016] EWCA Civ 141 at 34. Such was the warning sent to insurers by the Court of Appeal earlier this month in allowing a Claimant’s appeal against a decision to set aside default judgme... [Continue Reading]

Evidence and interim payment applications by Edward Bishop QC

  The High Court has given useful guidance (which serves as a warning) to defendants on their evidential obligations when defending applications for interim payments. In Sellar-Elliot v Howling [2016] EWHC 443 (QB) Sweeney J refused permission to appeal an interim payment order by Master Cook and held that it was not enough for a defendant to rely – when defending an application fo... [Continue Reading]

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