Choudhury v Markerstudy

A case which sheds light on when litigation services are deemed to have commenced and the impact this has on retainers At the end of March 2013, many clients were signed up by Claimant solicitor practices in order that they be able to fund their claim via pre-LASPO arrangements. Most significantly allowing for the recovery…

Merrix Update

The landmark decision in Merrix v Heart of England NHS Foundation Trust [2017] 346 (QB) (article here) will not be appealed for commercial reasons With the impact of Merrix being so significant, a further appeal was widely expected. In a somewhat surprising move however the NHS has elected not to do so. While the initial assumption may be that there…

Understanding Fixed Costs in EL/PL Cases

The ‘new’ fixed costs regime for EL/PL cases was introduced nearly three years ago and people are still understandably unsure as to the full extent of the highly convoluted CPR 45. CPR 45 is split into two relevant Sections for EL/PL costs; Section III THE PRE-ACTION PROTOCOLS FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD…

When QOCS Becomes Problematic

The application of QOCS is in theory straightforward. CPR 44.13 sets out the types of cases which are included, namely personal injury, claims brought under the Fatal Accidents Act 1977 or claims brought under Section 1(1) of the Law Reform (Miscellaneous Provisions) Act 1934. The same section also specifically states that applications for pre-action disclosure…