header-logo header-logo

26 March 2019 / Matthew Hoe
Issue: 7835 / Categories: Features , Insurance / reinsurance , Costs , Personal injury
printer mail-detail

What lies beneath

Matthew Hoe considers if Roman v AXA Insurance is the tip of the preservation of costs’ iceberg

  • Roman v AXA Insurance: is it always possible to preserve rights to costs after a personal injury claim has moved from one firm to another?

 It’s a time of upheaval and market consolidation. Personal injury claims often move from one firm to another. Firms should be on the lookout to preserve rights to costs, but the recent case of Roman v AXA Insurance (13 December 2018, County Court at Central London) might be the tip of the iceberg in showing that isn’t always achieved.

There is doubtless a raft of reasons why solicitors may cease to act. For one, the 2013 reforms gradually prompted several firms to make a commercial decision to leave the personal injury market. But those file moves were happening long before 2013, and in costs assessments they were not probed too hard. It was moves that straddled the 2013 reforms which increased the focus. Paying parties were

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll