2018, it’s a year that very few if any Claimant PI firms throughout England and Wales are looking forward to. The small claims limit will be raised to £2,000 and £5,000 for whiplash specifically which is a de facto abolishment of the claim.
However, let’s not forgot it wasn’t too long ago that the same demographic of lawyers were dreading the impending date of April 2013 ushering in the...Read More
The subject matter revolved around an RTA LVI claim in which the Claimant had given instructions to discontinue his claim, giving the Defendant an automatic entitlement to their costs pursuant to CPR 44.9(c). The Defendant in turn served a Bill of Costs that was received by the Claimant Solicitors, the severity of which was not appreciated by the receiving fee earner. The matter was not...Read More
I’m sure we are all aware by now of the outcome of Broadhurst v Tan and Taylor v Smith EWCA Civ 94 (23 February 2016) in which indemnity costs were awarded for the Claimant having beaten their own Part 36 Offer on assessment. As a consequence, the Claimant was allowed to seek their costs from the date of expiry of the Part 36 basis on an hourly rate indemnity basis, thus trumping the fixed...Read More
Our good friend the Costs Budget (or the Precedent H as it is more formally known) has come back to haunt us again. First of all, there’s no need to worry. The changes that have come into force from 6 April 2016 only effect cases issued on or after this date. That means that you need to start looking at changing your practices, but there is no hectic rush.So what is all the commotion...Read More
I’m sure by now you’ve read or heard of BNM v MGN Limited EWHC B13 (Costs) (03 June 2016). If not, it will soon be imprinted onto your retina through rinse and repeat Defendant party citations. BNM was a privacy case involving a primary school teacher having been in a relationship with a premiership footballer for circa three years. The Claimant lost her mobile phone, later kindly returned to...Read More
Proclaim is an incredibly versatile piece of software, one only needs to look at Eclipse’s own website to gain a glimpse of the praise that is heaped upon the software. Not to mention it is the only CMS endorsed by the Law Society which is probably why over 24,000 professionals utilise it.However, that’s not to say everyone who uses proclaim is taking full advantage of what it offers, and...Read More