Strategy & Procedure
No right to repayment of costs paid at Stage 1 of Portal process
Insurers are unable to recover the costs that they had paid on cases that were submitted to the Portal, but did not go any further than Stage 1. Delivering the judgment of the Court of Appeal in J C &…
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QOCS dis-applied where Claimant's conduct obstructed the just disposal of proceedings
A Claimant who had been pestered to bring a claim for personal injury under the QOCS regime, following a road traffic accident and subsequently discontinued her claim, had the Notice of Discontinuance…
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While latest portal data shows increasing volumes in May, news of likely future trends must await developments from Westminster as to claims process reform
As the political turmoil continues at Westminster with junior ministerial posts including at the Ministry of Justice still being announced, Claims Portal have released their data for the month of…
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Post-Election political developments now creating a challenging environment for key reforms
The unexpected result of last week's General Election has opened a period of political uncertainty of unknown length. We await additional detail this week as the Conservative government looks to…
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QOCS in Scotland – the next steps
The Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill was laid before the Scottish Parliament on Friday 2 June.
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Looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
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Limitation does provide protection, say the Court of Appeal
Earlier this month the Court of Appeal concluded that a claim form may not be amended to add additional parties to proceedings after limitation has expired. In accordance with s.35(6)(a) Limitation…
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Surveillance footage: Good days and bad days
In a case where the extent to which the claimant had recovered from injury was in issue, the court concluded that a disparity between his appearance on surveillance footage and his presentation to…
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Jackson in Action – case law
In our regular monthly round up of cases we look at the effects of the changes to the Civil Procedure Rules under the Jackson Reforms:
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Annual CRU data confirms entrenched claims culture but continuation of last government's reform programme looks likely
A month later than usual the DWP have published their usual annual claims data for the 12 month period up until 31 March. We can now examine it both alongside the data for previous years, and against…
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