Link to interim report of Sir Rupert Jackson on personal injury costs
Tag Archive: personal injury costs
When can I reasonably refuse an offer to mediate?
This question is important because it is clear from cases such as Dunnett v Railtrack PLC that the courts are prepared to use their powers under the CPR to impose costs penalties to punish parties who refuse an offer of mediation. Therefore if you want to refuse an offer you need to do so with ...
When “win” means “lose” in Personal Injury Litigation : Part II
The Claimant has just beaten your part 36 offer at trial. So your client has to pay all the Claimant’s costs, right? Well as you probably know by now that’s no longer right according to Lord Justice Ward in Carver v BAA PLC (link - www.bailii.org/ew/cases/EWCA/Civ/2008/412.html) Picture the scene. You are an independent neutral who ...
When “win” means “lose” in personal injury litigation : Part I
Picture the scene. The trial has just finished. The learned judge accepted your erudite interpretation of the statutory duty and your expert assessment of the common law position. Your pre-trial assessment was flawless. So why are you not popping the champagne corks? You were sure that when your sharp opponent offered mediation pre-proceedings that it was ...
Persuading opponents to mediate in personal injury claims.
Mediation is at present a voluntary process and you can not force your opponents to mediate. However you can point out to them the significant costs penalties that they could face if they unreasonably refuse to mediate. You could ask the court for a so-called Ungley Order as discussed and approved for personal injury litigation by ...
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