Oliver Hirsch considers the case of Excalibur & Keswick Groundworks Ltd v McDonald  EWCA Civ 18, in which the Court of Appeal has confirmed the difficulty of removing QOCS protection from a claimant who discontinues at the last moment. This follows previous decisions in the same spirit, such as Mabb v English  EWHC 3616 (QB).
- Clerk Name: Stuart Pringle
- Clerk Telephone: 07962 868 884
- Clerk Email: [email protected]
Oliver Hirsch acts for both claimants and defendants across the spectrum of PI and RTA cases.
He also has a strong advisory practice, encompassing all areas of negligence and other tortious claims. Recent work includes advising on potential claims arising from a wrongful conviction, and producing a wide-ranging assessment of the law on pure psychiatric harm.
S, S and E v B: acted as counsel for 3 claimants, who had all been involved in a road traffic accident, in a multi track claim. After Oliver highlighted weaknesses in the defence evidence at a preliminary application hearing, the case was settled.
H v B: successfully argued claim against a well-known national retailer, which failed to conduct due diligence on the safety of an instant boiling water tap sold to the claimant.
G v S: acting for the claimant, Oliver obtained almost double the amount initially claimed, in respect of severe psychiatric injury following a high-speed motorway crash.
D v M: secured £27,500 in compensation for a claimant involved in a serious road collision, after successfully applying for relief from sanctions and conducting a contested quantum trial.
R v V: acting for the defendant, Oliver succeeded on a legal argument about the interpretation of the whiplash tariff, meaning the damages awarded were reduced to a third of those claimed.
T v P: representing a young defendant driver found responsible for an accident, Oliver secured a 50% contribution from the claimant and deprived them of their costs.
S v C: persuaded the court to disregard the account of the claimant, insofar as it departed from the expert prognosis, thereby substantially reducing the award.
Excalibur & Keswick Groundworks Ltd v McDonald29th Mar 2023