Escaping Fixed Costs is a Ferri-Tale

Wesley Swindell   Hammond v SIG plc & Subsidiary Companie [2019] EWHC B7 (Costs);  Ferri v Gill [2019] EWHC 952 (QB) The Case of Qader v Esure [2016] EWCA Civ 1109 set the precedent for cases that started under the EL/PL/RTA protocol. For cases that started within the Portal and were subsequently allocated to the Multi-Track,…

New clarity for block-rated ATE Premiums

Rebecca Mogford   West -v- Stockport NHS Foundation Trust  The Judgment has provided eagerly-awaited clarity in relation to the assessment of the reasonableness and proportionality of ATE premiums in cases brought post LASPO. We have seen a significant number of cases stayed pending this decision, we are hopeful that this decision will now draw a…

The pre-LAPSO switch doesn’t appear to be working!

Avi Dolties   XDE v North Middlesex University Hospital Trust [2019] EWHC 1482 (QB) The claim arose from a delay in the diagnosis of the Claimant’s meningitis with devastating consequences. The issues of liability and causation were concluded by agreement in July 2016 on the basis of a 98%/2% apportionment. Following the agreement in respect…

Revision of Budgets for Significant Developments

David Knowles   Seekings and another v Moores and others [2019] EWHC 1476 (Comm) (7 June 2019) The above judgment relates to a Defendant’s Application for an upward revision of its Budget of approximately £130,000 for what it considered to be a significant development in the action. The litigation arises from the parties’ involvement in…

Dishonest Claimants and Committal Proceedings

Lindsay Woolford   Zurich Insurance Plc –v- Romaine [2019] EWCA Civ 851 A recent Court of Appeal decision has found that a Judge was wrong to ignore the tactics of “unscrupulous” Claimants and Lawyers, and has granted an Insurer permission to bring Committal Proceedings against a Claimant who had allegedly made knowingly false statements of…