fundamental dishonesty in Personal Injury cases

“Fundamental Dishonesty” In Personal Injury Claims: 3 Months In

The Criminal Justice and Courts Act 2015 came into force on 13 April 2015. Section 57 of the Act applies to all personal injury claims issued after the Act was implemented and allows a Defendant to seek dismissal of a claim on the basis of fundamental dishonesty. What exactly constitutes Read the full article…

Are Costs Lawyers Set to be-Eligible-for Queen's Council Status

Are Costs Lawyers Set to be Eligible for Queen’s Counsel Status?

The Association of Costs Lawyers (ACL) has asserted that Costs Lawyers should be eligible for appointment as Queen’s Counsel (QC). QC status was traditionally reserved for barristers, rather than lawyers in general; that was, until 1995, when solicitors who had attained higher rights of audience were permitted to apply. The Read the full article…

Proportionate Costs Orders and Beating Part 36 Offers

Proportionate Costs Orders Upon Beating Part 36 Offers

Webb v Liverpool Womens’ NHS Foundation Trust [2015] considered Can a successful claimant in litigation be subject to a proportionate costs order upon beating their own part 36 offer? Apparently, yes – the High Court has ruled. In his rather surprising ruling, Saffman J held: ‘I do not accept that Read the full article…

Alternative Dispute Resolution ADR

Winner Receives Reduced Costs for Failure to Engage in ADR

Laporte & Anor v The Commissioner of Police of the Metropolis considered The High Court recently knocked one third from a successful Defendant’s costs award following its unjustified failure to enter into alternative dispute resolution (ADR). The Judge Mr. Justice Turner held that the Defendant’s actions, in coming to its own Read the full article…