Council Permitted to Withhold Litigation Costs Budget Under Freedom of Information Act  

Norman Fearn v Information Commission (EA/2018/0124)

The First-tier Tribunal (Information Rights) has dismissed an appeal from a member of the public seeking information relating to the projected costs budget of an ongoing litigated case.

Mr Fearn asked the council for the following information:

1. What costs have been incurred so far in this lawsuit?
2. What further anticipated costs are included in the budget as the action proceeds?
3. What provision has been made for a possible award against the Council if liability for the [respondent's] costs is imposed on the Council?

The Council replied to the request and provided information in response to question 1, gave a partial response to question 2.

Doctrine of Mistake does not apply to the Portal   

In the recent case of Fitton v Ageas (2018) Fam Ct (Judge Parker) 08/11/2018, a Circuit Judge has ruled that the protocol for low-value personal injury claims is a self-contained code and as a result the normal principles of contract such as the doctrine of mistake does not apply.

The facts

The claimant, Mr Fitton brought a claim for damages for personal injury loss and damage, arising out of a road traffic accident.

Medical Agency Fees are Recoverable as a Disbursement  

In the case of Beardmore v Lancashire CC (Liverpool) (Judge Graham Wood QC) 06/02/2019, a Circuit Judge on appeal allowed the claimant to recover medical agency fees in a public liability ("PL") case that had exited the portal, and where the issue of disbursements was covered by fixed costs.

The claimant was injured in a tripping accident and brought a claim against the defendant as the highway authority. The injuries were relatively minor, and negotiations initially began under the pre-action protocol for public liability claims. Liability was not resolved, and the matter fell out of the protocol process and proceeded as a potential claim. The claim eventually settled in the sum of £3500. The claimant was entitled to her costs, which were fixed costs under section IIIA of CPR 45. The vast majority of these costs were not in issue, but the defendant disputed the disbursements claimed for obtaining the medical records.

Regulatory Roundup

• Reminder to ensure scaffolding is stable and safe in high winds
   
• Worker killed by a wheeled excavator
   
• Two companies fined after worker is crushed by a shovel loader

Discount Rate Review to Commence

The Lord Chancellor, David Gauke MP, has officially launched the anticipated review of the discount rate in a written statement to Parliament.

The first review of the discount rate under the new Civil Liability review will start with immediate effect. Pursuant to the new process set out in the Civil Liability Act, the Lord Chancellor must conduct a review of the discount rate and make a decision whether to change or maintain the rate within 140 days of commencing the review. The new discount rate will therefore be announced on or before 5th August 2019.

The Act provides for the rate to be set by reference to a low risk diversified portfolio of investments.

Forbes at Trial:
Judge Dismisses School EL Claim after Finding Training to be Exemplary

The claimant alleged that during the course of her employment as a teaching assistant at a special needs school she suffered a serious injury to her right knee whilst trying to retrieve a keyboard from the highest shelf in a storeroom.