In his latest article, Ikeni Mbako-Allison examines Hislop v Perde  EWCA Civ 1726 and the cost consequences of accepting a Part 36 offer late in former RTA and EL/PL Protocol Claims.View Publication
Personal Injury Publications
Cost Consequences of Accepting a Part 36 Offer late in former RTA and ELPL Protocol Claims – Problems with Hislop v Perde  EWCA Civ 1726
In the joined cases of Hislop v Perde and Kaur v Committee (for the time being) of Ramgarhia Board Leicester  EWCA Civ 1726, the Court of Appeal considered the question of the correct approach to costs in cases falling under the fixed costs regime in CPR Part 45 Section IIIA where a Part 36 offer is accepted after the expiry of the relevant period.
Section IIIA is the part of Part 45 which applies to cases no longer proceeding under the RTA and EL/PL Protocol (‘PAP’) such as those proceeding to Fast Track trial. The Court also provided a useful steer on the previously uncanvassed ‘exceptional circumstances’ test under CP45.29J, which provides a general gateway out of the fixed costs regime, and the test for indemnity costs, (see paragraphs 8 to 13 below).
Ikeni Mbako-Allison writes about the Court Of Appeal's approach.View Publication
Protection for solicitors against direct settlement out of costs when acting under a CFA Lite in RTA Protocol cases: an analysis by third six pupil Ikeni Mbako-AllisonView Publication
3PB's Personal Injury team provides legal update on Disclosure, Fraud, Fundamental Dishonesty and Contempt ProceedingsView Publication
In a recent judgment in the Employment Appeal Tribunal – Hampshire County Council v Wyatt UKEAT/0013/16 (13 October 2016) – Mrs Justice Simler DBE gave important presidential guidance on the questions which frequently arise in discrimination remedy hearings when tribunals consider claims for non-pecuniary damages and/or where there might be competing causes of injury. Karen MossView Publication
Karen Moss has an article published on the impact of Wyatt v Hampshire County Council UKEAT/0013/16 on litigants claiming personal injury damages in the employment tribunal.
See www.pibriefupdate.com and the Personal Injury Brief Update Law Journal newsletter this month.View Publication
Sharan Sanghera examines the Court's decision finding that two claimants were precluded by the ex turpi causa principle from recovering damages in Joseph Thomas Beaumont & Lewis O'Neill v David Ferrer  EWHC Civ 768.View Publication
The correct application of cpr 45.49c by Sharan Sanghera - Bruno Manuel dos Santos Mendes V Hochtief (UK) Construction Ltd  EWHC 976 (QB)View Publication
The latest decision of the Court of Appeal to consider the Mitchell principles for granting relief from sanctions, has endorsed their strictness: Oak Cash & Carry Ltd v British Gas Trading Ltd  EWCA Civ 153. The guidance relates to the operation of those principles in the context of Unless Orders - by Louis WestonView Publication
Michelle Marnham analyses the recent Supreme Court decision in Knauer v Ministry of Defence,  UKSC 9View Publication