More Satellite Litigation Over the RTA Protocol

In theory the RTA protocol provides a straightforward process by which low value RTA claims can be resolved, including the payment of fixed costs. However, this latest decision shows how easily satellite litigation regarding the process, and particularly payment of costs, can arise. In Bates and Anr v Bourne and Anr (unreported), District Judge Baldwin sitting as the Regional…

What Constitutes Unreasonable Behaviour?

Dammermann v Lanyon Bowdler Solicitors [2017] EWCA Civ 269 A case which clarifies the circumstance required to establish that a party has acted unreasonably on the Small Claims Track, thereby incurring a costs liability Subject to certain exceptions, the standard position when a claim is allocated to the small claims track is that ‘the court…

Proportionality: Size Doesn’t Matter

The RBS Rights Issue Litigation is a highly unusual and interesting case whereby the Claimant shareholders of the Royal Bank of Scotland are seeking to recover losses incurred relating to investments following the collapse of Royal Bank of Scotland shares on the grounds that the prospectus for the 2008 rights issue of shares in Royal…

Pre-Action Protocol for Debt Claims

In March 2017, a new Pre-Action Protocol for Debt Claims was published by the Ministry of Justice and will come into effect on 1 October 2017. The purpose of pre-action protocols is to encourage the engagement of and communication between the parties, to allow information to be exchanged at an early stage and issues identified. By the parties…

Stage 1 Protocol – Money for Nothing?

JC and A Solicitors Limited v Iqbal and others [2017] EWCA Civ 355 A case which confirms what happens to Stage 1 Protocol payments when a matter is not pursued into Stage 2. Until this case, it was arguable that a loophole existed under the old April 2010 RTA Pre-Action Protocol. The case was in…

Indemnity Basis Costs Refused

The County Court at Liverpool has recently refused permission to an insurer to recover costs on an indemnity basis where a GP Expert has agreed to cover the insurer’s costs. If we are to park the indemnity basis point in this matter for a moment, the circumstances of the GP Expert’s involvement in this matter…