Budana v Leeds Teaching Hospitals NHS Trust
The Court held that the transfer of a conditional fee agreement between two firms of solicitors in respect of a personal injury claim had resulted in a novated contract rather than an assignment. However, for the purposes of the transitional provisions of s.44(6) LASPO, the success fee payable to the new firm of solicitors was payable under the conditional fee agreement.
BNM v MGN Limited  EWHC B13 (Costs)
Court of Appeal holds that the old proportionality test applies to pre-commencement and recoverable additional liabilities.
The Court concluded that the decision of the judge had been wrong in principle and should be set aside, together with the Final Costs Certificate. In allowing the appeal, the Court held that the old CPR 44.4(2) proportionality rule (under which costs which were both necessary and reasonable were deemed to be proportionate) applies to success fees and after the event (ATE) insurance premiums (where these are still recoverable in principle, as in this case) on an assessment of costs on the standard basis.
If it had been intended that the new proportionality test was to apply to funding arrangements to which the statutory saving and transitional provisions applied, that would have been made clear in the statutory provisions or the new costs rules (or both) and it was not.
It is noteworthy that the court declined to give further guidance on the application of the proportionality test in practice.
Brenda White v Nottinghamshire CC
The defendant highway authority was not liable for the claimant's fall caused by ice on a footway which had not been treated. The council defended the claim on the basis that it had complied with its Winter Service Operational Plan. The Claimant is appealing the decision to the Court of Appeal.
Lowin v Portsmouth & Co  EWCA Civ 2172
The defendant appealed against a decision that the claimant was entitled to have her costs of a provisional assessment assessed on an indemnity basis without reference to the costs cap in CPR 47.15(5).
The Court held that costs cap was neither disapplied nor modified in respect of an award of indemnity costs under CPR 36.17(4). Where a party was awarded the costs of a provisional assessment on an indemnity basis under r.36.17(4), those costs would be subject to the cap.
Bellman v Northampton Recruitment Ltd
The Court will consider the issue of vicarious liability after it was held that an employer was not vicariously liable for an assault committed by its director after a work Christmas party.
Natasha Armes v Nottinghamshire CC
The claimant has been granted permission to appeal to the Supreme Court. This follows the Court of Appeal decision which rejected the Claimant's arguments that the Local Authority was vicariously liable for foster parents and that it owed a non-delegable duty of care to children in foster placements.
Judgment has been handed down. Read our article: https://www.forbessolicitors.co.uk/news/display/39749/4/supreme-courts-holds-local-authority-liable-for-abuse-in-foster-care .
Barton v Wright Hassall LLP  EWCA Civ 177
The Supreme Court will be asked to consider whether a claimant's application under CPR 6.15(2) should have been granted where the claimant had failed to follow the rules on service by email.
Civil Liability Bill
The Civil Liability Bill was introduced by the government following the 2017 general election. According to the governement the Bill will crack down on fraudulent whiplash claims and is expected to reduce motor insurance premiums by about £35 per year. The Bill will ban offers to settle claims without the support of medical evidence and introduce a new fixed tariff of compensation for whiplash injuries with a duration of up to 2 years.
The Bill will reform the courts system in England and Wales to ensure it is more efficient and accessible, and in doing so utilise more modern technology. The Bill will:
Financial Guidance and Claims Bill
The Bill will combine three financial advice bodies into one, ensuring that people across the UK are able to seek the help and advice they need to manage their finances. The Bill will:
Data Protection Bill
In a statement of intent the Government has committed to updating and strengthening data protection laws through a new Data Protection Bill to reflect the GDPR (EU General Data Protection Regulation).
The draft Data Protection Bill was published in September 2017 and is currently working its way through Parliament.
Noise Induced Hearing Loss Claims (NIHL)
The working party published its final report this autumn. See our article https://www.forbessolicitors.co.uk/news/display/39744/4/fixed-costs-recommendations-for-hearing-loss-claims-published
Shorter and Flexible trials pilot
A pilot of two schemes in the High Court until September 2017.
Jackson LJ to review fixed recoverable costs
Lord Justice Jackson published his review of fixed recoverable costs. Read our article here: https://www.forbessolicitors.co.uk/news/display/38722/fixed-recoverable-costs-a-review-of-lord-justice-jacksons-proposed-reforms
New Bill of Costs to be Compulsory
A new mandatory bill of costs has been delayed again until April 2018.
Discount Rate Consultation
The response was published in September 2017 https://consult.justice.gov.uk/digital-communications/personal-injury-discount-rate/results/discount-rate-response-consultation-web.pdf
The Commons Justice Committee have published their response at the end of November 2017. Details can be found here http://www.parliament.uk/business/committees/committees-a-z/commons-select/justice-committee/news-parliament-2017/personal-discount-rate-report-launched-17-19/
25 May 2018
General Data Protection Regulations come into force.
Britain withdraws from the EU.
A possible move towards an online court.
Please contact us for more information relating to any of the matters listed above.
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