Motor
Motor liability: extent of driver's duty to drunk passenger examined
Catherine Kober, Director together with Katie Lacey of DWF's London Office and Marcus Dignum of 12 Kings Bench Walk Chambers acted for the defendant and his motor insurers Markerstudy in a case that…
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QOCS and fundamental dishonesty: the implications of withholding disclosure in a credit hire claim
DWF and QBE have successfully obtained a finding of fundamental dishonesty against a claimant for failing to provide full financial disclosure in a credit hire claim, resulting in the claimant losing…
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False statements of truth made pre-litigation can give rise to contempt
The Court of Appeal has determined that committal proceedings for contempt of court may be brought by a party despite the fact that the statements of truth on which the committal proceedings were…
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Costs: Court of Appeal quashes latest attempt to escape fixed costs
Simon Fisher considers the outcome of the latest attempt by claimants to escape the fixed costs regime in Ho v Adelekun (2019)
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Costs: Court of Appeal guidance on QOCS in mixed claims
The Court of Appeal has recently addressed the issue of whether Qualified One-Way Costs shifting (QOCS) under CPR 44.13-44.16 could be disapplied for mixed claims, that is, claims for personal injury…
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Costs: Court of Appeal judgment on recoverability of disbursements in ex-portal claims (CPR r.45 Section IIIA)
Simon Fisher examines the Court of Appeal's finding in Aldred v Cham (2019), that counsel's advice fee in a child claim was not recoverable as a disbursement in addition to the fixed costs, and that…
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Changes to Road Traffic Act 1988 and declarations of policy avoidance
On 1st July 2019 the Department for Transport placed before Parliament the Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 which will amend the Road Traffic Act 1988.…
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The whole claim and nothing but the claim
The judgment in the appeal in Basir v Larizadeh, heard earlier this year has recently become available, and highlights a further difficulty that has arisen with the interpretation of s.57 Criminal…
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Court of Appeal imposes broad direct obligation on MIB in Lewis v Tindale
Amy Jeffs and Charlie Mahoney consider the Court of Appeal's judgment in MIB v Lewis, looking at the original decision, the basis on which the MIB brought the appeal, the court's judgment, and the…
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The right time for fundamental dishonesty
The latest High Court decision on fundamental dishonesty is interesting for its consideration of the timing of the defendant's application, and the concept of "substantial injustice" in the context of…
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