Strategy & Procedure
August Portal Data: A glimpse of the new normal?
As the transport usage statistics creep back to the pre-Covid baseline, the Portal data shows the number of new RTA claims in August has actually dropped from July's level. We also have the quarterly…
Read more
July Portal Data: The upward curve continues but figures remain a long way short of normal
In our last update, we suggested that the impact of the government's easing of lockdown restrictions and the opening of pubs, shops and offices would most likely be reflected in the Portal data for…
Read more
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…
Read more
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…
Read more
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…
Read more
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…
Read more
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…
Read more
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?
Read more
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…
Read more
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…
Read more