The Extension of Fixed Recoverable Costs (FRC) is coming

We have long been waiting for the Government's response to their Consultation on the extension of FRC in civil cases in England and Wales, following Sir Rupert Jackson's 2017 recommendations. He and the Government have expressed their desire to expand the application of FRC in order to control litigation costs as a way to promote access to justice. As Sir Rupert remarked in his Report on Fixed Recoverable Costs in 2017:

"If the costs are too high, people cannot afford lawyers. If the costs are too low, there will not be any lawyers doing the work."

Guideline Hourly Rates Increases Confirmed from 1 October 2021

The Master of the Rolls, Sir Geoffrey Vos, has confirmed that from the 1 October 2021 new guideline hourly rates recommended by the review undertaken by the Civil Justice Council (CJC) published in April 2021, will come into use in the civil courts. It is expected that there will be a further review within 2 years. The rates and geographic areas have both been revised.

Forbes at Trial Berry v Gwynedd Council

We acted for Gwynedd Council in a claim brought by Mrs Berry. She and her husband were on a day trip to Criccieth. They decided to walk towards a breakwater, which is a large concrete structure and can be accessed by a concrete path as shown in the following photograph. Its purpose is to protect the beach from erosion.

Forbes at Trial - Claimant "extremely fortunate not to have had a finding of fundamental dishonesty against her"

In what was a strange day, and in circumstances that could only happen with a remote trial, a claimant has avoided fundamental dishonesty finding against her by what our local authority client's barrister described as "the skin of her teeth".

Fundamental Dishonest Finding, despite claimant witnesses "creating an ostensible impression they were straightforward".

Forbes successfully defended a claim arising out of an alleged tripping accident and obtained a finding of fundamental dishonesty despite the judge finding that the claimant's witnesses did not "present as dishonest". However, he found that the claimant did seek to mislead the court, and that what he and his witnesses said, and the objective assessment of it, drove the judge to the conclusion that the claimant had not proved that the accident occurred in the way he alleged and a finding of fundamental dishonesty.

VAR (Vicarious Appeal Ruling) goes in favour of the defence

This article explores the recent case of Blackpool Football Club Ltd v DSN [2021] EWCA Civ 1352 which in which the claimant sought to expand further the way in which a defendant can be found to be vicariously liable for the actions of non-employees.

The claimant brought an action in the High Court against the defendant for personal injury arising from an allegation of sexual abuse/assault.