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The Dekagram: 13th November 2023

We woke to the news that the Icelandic authorities have warned of an imminent volcanic eruption, predicted to emanate from the Fagradalsfjall volcano, which has emitted around a thousand tremors since midnight. But those of us who remember the last European ash…

The Dekagram: 6th November 2023

As you know, we keep a weather eye on what’s going on in other jurisdictions; often developments internationally can inform and sometimes even influence our own domestic law. We wonder whether the recent increase in the personal injury discount rate from -0.25%…

When is a settlement not a settlement?

The application of contractual principles to settlement offers

What can temper the gratification of finally settling a case? Perhaps only the realisation that the settlement terms are not what you thought they were. Two examples of mistakes being made in the settlement…

The Dekagram: 30th October 2023

Another week, another call for evidence. This time it’s the Justice Committee, seeking evidence to inform its inquiry on the work of the County Court, whether the delay in hearing cases is having a detrimental effect on the administration of justice and…

The Dekagram: 23rd October 2023

As we’ve remarked before, it’s a quirky feature of travel and cross border claims that you wait ages for, say, a decision on jurisdiction, and then three or four come along at once. This week Francesca Kolar looks at two remarkably similar…

The Dekagram: 16th October 2023

This week’s Dekagram examines whether, and when, service of a claim form can be validly effected on an erroneous address; Lucy Lodewyke looks at an unusual case in which service under CPR Part 6.15 was authorised. Meanwhile, the presumption that foreign law…

Ward v Tesco Stores revisited

Ward v Tesco Stores (1976) 1 WLR 810 is regarded by many personal injury practitioners as an effective forensic weapon, allowing claimants to throw a burden of proof onto the Defendant which might otherwise represent an insurmountable obstacle to the claim.

It…

Non-Party Costs Orders & Credit Hire Companies

Introduction

This article discusses a recent case where I was instructed to act on behalf of an insurer defendant in an application for a non-party costs order against a credit hire company which had provided a claimant with a vehicle on credit…

The Dekagram: 9th October 2023

This week’s Dekagram examines what happens when rules change: that transitional period between one set of rules and another, when no one is quite sure what’s happening. We seem to have had quite a few of those recently; just as we were…

Court Bundles – if we don’t fear them, we should

The team knows of one eminent silk whose greatest apprehension prior to appearing in the Court of Appeal is not about his (meticulous) case preparation or his (encyclopaedic) legal knowledge, but whether the Court will raise some hitherto unnoticed issue with pagination….

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