Autumn 2014

Autumn 2014: What a Relief! Moving on from Mitchell - Esther Maclachlan

 

What a Relief! Moving on from Mitchell – Esther Maclachlan

Esther Maclachlan examines the Court of Appeal’s welcome decision in Denton v TH White (2014) EWCA Civ 906, calming the litigation storm created by Mitchell v News Group Newspapers Ltd (2014) 1 WWLR 795 and clarifying the proper approach to be taken by the courts when dealing with an application for relief from sanctions pursuant to CPR3.9…

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Where There’s A Will… Pitfalls of Probate in Personal Injury Claims – Kate Mack

When taking on a Personal Injury claim; or obtaining instructions from any new client, the mantra should be; ‘ensure there is a valid retainer to ensure I can recover my costs’. Unfortunately, on occasion the validity of a retainer is compromised when a claimant has died or dies during the claim. There are several claims where this may occur; Mesothelioma / Asbestosis, Clinical Negligence and RTA’s generally…

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The Impending Decision in Coventry v Lawrence – Tom Loia

Background to the Case: The Appellants, two homeowners, brought an action in nuisance against the occupiers of a stadium used largely for speedway racing, amongst other forms of motor racing. The Appellant’s house, known as Fenland, was located some 850 yards from the stadium and their action was founded upon the noise pollution from the use of that stadium. The effect of the decision of the Supreme Court was to restore the trial Judge’s order; that the occupiers of the stadium, but nots its landlords, were liable in nuisance…

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Legal Expenses Insurers: How Restrictive Are They? – Sarah Page-Croft

Article 4(1) of the European Council Directive 87/344/EEC of 22nd June 1987 on the coordination of laws, regulations and administrative provisions relating to legal expenses insurance provides that:…

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Mis-Certification of a Bill of Costs – Peter Jones

Mis-certification of a Bill of Costs has always been and will remain a serious issue. However, most recently, this issue has again reared its ugly head before Master Leonard in the case of Jagjit Bamrah v Gempride Limited…

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The New Single County Court – William Dean

There is now a single County Court. Section 17 of and Schedule 9 to the Crime and Courts Act 2013 amended the County Courts Act 1984 to abolish provisions about the jurisdictions of individual courts. Those parts of the 2013 Act and the other amending legislation came into effect on 22nd April 2014. The County Court is now a national court which sits at various locations in England and Wales, not unlike the Crown Court…

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Provisional Assessment: 12 Months On – Lee Ellison

A number of changes to the costs world ensued as a result of LASPO coming into play from April 2013 onwards.We are of course all aware of the impact Mitchell has had on practitioners, but what of some of the other changes and how has the last 12 months seen those develop? …

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