Author Archives: Nigel McCloy

Nigel McCloy

About Nigel McCloy

Solicitor in the Insurance department

Post-Portal PADs: The End of the Debate?

You will recall our previous blogs following the development of the argument that fixed costs apply to PADs. Forbes had been running this argument since the implementation of the fixed costs regime and of course had the first known County … Read more

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Acorn Proves Tough Nut To Crack

The Court of Appeal have today handed down Judgment in the matter of Bird v Acorn Group Ltd [2016] EWCA Civ 1096. The case essentially boiled down to what stage of fixed costs are applicable when a matter is listed … Read more

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The New Code of Practice: A Brave New World

The long awaited new Well-managed Highway Infrastructure: A Code of Practice (the New Code) has been released today. The 256 page document is arguably a game changer for Local Authorities and their approach to claims defensibility. The New Code supersedes … Read more

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Post-Portal PADs: Forbes Overturn The Usual Provisions Of Courts Throughout The Land

Some might say that 2 blogs on Post-Portal PADs would be sufficient to deal with all the issues which may arise from what are fairly simple Applications, however today has led to a new chapter being written with the first Appeal decision on … Read more

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Lifting the QOCS Veil

Since the implementation of Qualified One Way Costs Shifting (QOCS) over 2 years ago, Insurers and Defendants alike have scrutinised the rules with a view to remedying the perceived imbalance in litigation. For those not familiar with QOCS it effectively … Read more

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Post-Portal PADs: Six Months On

A previous blog released in July explained that fixed costs apply to post-portal PADs save for in exceptional circumstances. At the time it was explained that Claimant Solicitors appeared to be pleading ignorance to the new rules which was perhaps acceptable … Read more

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Part 36: Make A Second Offer Or Vary The First?

Part 36 has reared it’s head again. It is probably best surmised by DJ Ackroyd’s opening remarks in the matter of Burrett v Mencap Limited which is the subject of this blog; ‘One would have thought that Part 36, having … Read more

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QOCS – Defeat from the Jaws of Victory

Qualified One Way Costs Shifting (QOCS) formed part of the recent reforms and was designed to afford Claimant’s costs protection in the event their claim was unsuccessful. Whilst the implications between Claimants and Defendants have been well documented, the Court … Read more

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Post-Portal PADs: Fixed Costs

Since the advent of fixed costs Defendants and Insurers alike have seen Claimant solicitors utilise ever changing methods to try and ensure that turnover remains high. It is well reported that medical negligence claims are on the increase however a … Read more

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“Fundamental dishonesty”: The end of exaggerated claims?

The House of Lords have reached a preliminary agreement on the divisive issue of a ‘fundamental dishonesty’ clause which has been inserted into the Criminal Justice and Courts Bill.  If passed, the bill would allow the Courts to entirely dismiss … Read more

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