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Personal Injury Briefing: March 2024
Welcome to the latest Deka Chambers Personal Injury Team briefing. In this edition we will be looking at ‘The Discount Rate,’ ‘Third Party Costs Orders in Credit Hire’ and hot off the press, the recently published 17th edition of the Judicial College Guidelines for the…
Holly Tibbitts considers the important Court of Appeal decision in Cartwright v Venduct Engineering
How does the QOCS regime operate in a case where there are multiple defendants and the claimant succeeds against some but not others?
Holly Tibbitts considers the operation of QOCS in multiple defendant cases
Qualified One Way Costs Shifting (QOCS) has been providing costs protection to claimants in ‘proceedings which include a claim for damages for personal injuries’ since its inception on 1st April 2013 (CPR 44.13).
Holly Tibbitts considers psychiatric injury claims following infant birth injuries
In claims for psychiatric injury, the distinction between primary and secondary victims is well established.
Holly Tibbitts on Surrey v Barnet: Costs on switching from Legal Aid to CFA
The High Court considered the correct approach to the recovery of success fees and ATE premiums where there had been a change from Legal Aid funding to a CFA shortly before 1st April 2013.
Interim payment applications: the evidential burden
Holly Tibbitts looks at the recent case of Sellar-Elliott v Howling [2016] EWHC 443 (QB), which considered the evidence to be considered and the burdens on the parties on an application for an interim payment, particularly in a clinical negligence context where causation is disputed….
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