piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Changes to PD 21 of the CPR from 1 October 2014

From 1 October 2014 there will be two important changes to the Practice Direction to Part 21 of the CPR which will affect the preparation and conduct of settlement approval hearings.   In cases where the approval is sought of a settlement or compromise by or on behalf of a child or protected party before proceedings have been issued, a claimant child or protected party in a personal injur... [More]

Adjusting the Ogden reduction factors to reflect a spectrum of disability

In the context of a claim for future loss of earnings, for a number of years the Courts have been grappling with the thorny issue of when it is appropriate to adjust the reduction factors (RF) in Ogden tables A to D (contingencies other than mortality) to reflect the particular circumstances of the claimant and the relative severity, or modesty, of their disability.  ... [More]

QOCs and Tour Operators: Further Thoughts

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... [More]

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

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... [More]

QOCS does not apply to additional claims

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... [More]