Strategy & Procedure
Abuse of process under the RTA Protocol
Edward Cleary reviews the Court of Appeal judgment in Cable v Liverpool Victoria (2020) in which it was held that whilst it should have been obvious to the claimant's solicitors that their client's…
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Company restoration and limitation periods: Do all claims remain stayed against a company in liquidation?
In a judgment handed down last week, the High Court dismissed a claimant's appeal concerning the effect of a company's liquidation on limitation in a noise induced hearing loss claim. DWF's Stephen…
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June portal data: a slight return?
With apologies for the slight delay due to holidays (socially-distant and quarantine compliant of course!) we take a look at the latest Portal data. As the government further eases the lock-down…
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Claimants' solicitors ordered to pay wasted costs following successful jurisdiction challenge
On 13 August 2020, the High Court handed down a judgment on a wasted costs application in the case of Jovicic & Ors v Serbian Orthodox Church – Serbian Patriarchy (2020). This followed a judgment…
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Offsetting the costs awarded on an interlocutory application against damages where settlement is reached by way of Part 36 offer
A defendant in a NIHL claim was entitled to set off monies from a Part 36 settlement in a claimant's favour against an interlocutory costs order in the defendant's favour under section 72 of the…
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May Portal data: The end of the beginning or the beginning of the end?
This week we have seen the release of the May portal data and weekly HMCTS management information, both of which illustrate the effect of Covid so far, but when will the recovery begin?
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I'm sorry I'll have to accept your first answer: Roberts v Kesson & Anor
The High Court made a finding on appeal of fundamental dishonesty under section 57 Criminal Justice and Courts Act 2015 in a case where the claimant tried to correct an earlier false statement by…
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Analysis of April portal data and early impact of Covid-19 on claims
In our update last month we looked at the early impact of the lockdown on claims numbers. Despite March only being impacted for the latter part of the month it held the dubious distinction of the…
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First portal data released since Covid-19 outbreak shows the expected reduction in new claims submitted in March 2020 and whiplash reform delayed to April 2021
As foretold in last month's update, the first statistical evidence of a downturn in claims post Covid has been confirmed in the Claims Portal data released for March. As UK road travel has apparently…
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DWF leads the way with Skype trial win against cold calling
Insurers will be interested in remote trials and hearings taking place during the pandemic and will be encouraged to see that we are pressing to defend these cases and using remote means.
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