Court of Appeal finds QOCS applies to Defendants Added to Claim after 1 April 2013

Corstorphine (An Infant) v Liverpool City Council (2018)[2018] EWCA Civ 270

The Court of Appeal has provided further guidance on the application of QOCS.  The court was asked to consider whether QOCS should apply to defendants added to proceedings after 1 April 2013 where the existing claim was subject to a CFA and ATE insurance policy.

No Special Rules for Litigants in Persons

Barton (Appellant) v Wright Hassall LLP (Respondent) [2018] UKSC 12

The Supreme Court has confirmed that the rules of service apply to all litigants regardless of whether or not they are represented.

Whiplash Reforms Look Set for April 2019

It has been reported by the Motor Accidents Solicitors’ Society that Ministry of Justice officials have confirmed that the government will implement the proposed reforms to the RTA system from April 2019, with personal injury reforms to be introduced at a later date.

Claimant Facing Strike Out Application Entitled to Discontinue Claim

Mabb v English [2017] EWHC 3616 (QB)

The Court has ruled that it is not an abuse of process for a claimant to file a notice of discontinuance to avoid possibly having to pay the defendant’s costs.

Forbes at Trial: Claim Following an Accident in a Pothole Marked for Repair Fails

Gilpin v Blackburn with Darwen Borough Council

DJ Hinchcliffe – Preston CC

The claimant alleged that as she was crossing the road after alighting from a taxi, she tripped and stumbled in a pothole and fell onto her outstretched hand.