Andrew Hurley v Tawanda Makuni – (unreported)

CFAs and the cancellation of contract regulations This particular case concerned the Judgment on a preliminary point in Detailed Assessment proceedings, regarding The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 and the application of the same to a CFA that limited the costs that the Solicitor could…

Christine Brown-Quinn (1) Webster Dixon LLP & Ors (2) v Equity Syndicate Management Ltd (1) Motorplus Ltd (2)

Overview by Vikki Weinrich-Cooke This case involved issues relating to a Claimant’s freedom to instruct a solicitor of his own choosing as provided for under EU Directive and Statute. The circumstances at first instance related to the Appellants’ restriction of freedom of choice as prescribed by Statute. The Appellants had the benefit of Legal Expenses…

ATE Insurance – changes from April 2013

BTE insurance is taken out before an actionable event has occurred in order to insure against the risk of future legal costs. It is often purchased as an ‘add-on’ to existing policies. The majority of people who purchase this are not aware of the coverage it provides and rarely make use of it. Whilst the government…

Claims Portals – changes from April 2013

RTA/EL/PL Portals: The Road Traffic Accident Protocol applies to all claims for damages arising from a Road Traffic Accident (RTA); in the new version, the use of the portal is mandatory with the upper limit being set at £25,000.00 (the old upper limit had been £10,000.00). If at any point during the proceedings, the Defendant…

Claims Portals – changes from April 2013

RTA/EL/PL Portals: The Road Traffic Accident Protocol applies to all claims for damages arising from a Road Traffic Accident (RTA); in the new version, the use of the portal is mandatory with the upper limit being set at £25,000.00 (the old upper limit had been £10,000.00). If at any point during the proceedings, the Defendant…

Part 36 Uplift & General Damages Uplift

WHAT ARE THE CHANGES? PART 36: The changes apply where the Claimant obtains Judgment against the Defendant that is at least as advantageous to the Claimant as the proposals contained in the Claimant’s Part 36 offer (Rule 36.14 (1)(b)). In this situation, under Rule 36.14 (3)(d) the Court will, unless it considers it unjust to do…