header-logo header-logo

09 December 2016
Issue: 7726 / Categories: Case law , Law digest , In Court
printer mail-detail

Costs

Qader and others v Esure Services Ltd; Khan and another v McGee [2016] EWCA Civ 1109, [2016] All ER (D) 156 (Nov)

The Court of Appeal in allowing the appeal in the first case and dismissing the appeal in the second case, held that s IIIA of CPR 45 should be read as if the fixed costs regime, which it prescribed for cases which started within the road traffic accidents (RTA) protocol, but then no longer continued under it, was automatically dis-applied in any case allocated to the multi-track, without the requirement for the claimant to have recourse to CPR 5.29J, by demonstrating exceptional circumstances. The court held that the fixed costs regime in s IIIA of CPR 45.29 applied to all cases started under the RTA protocol, but which no longer continued thereunder.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll