Category Archives: Blog

Much Ado About Jackson

So it was that Jackson LJ, striding forth like Alexander the Great in front of the Phrygians to solve the Gordian Knot, handed down his decision in Hallam Estates v Baker [2014] EWCA Civ 661. Possibly, Sir Rupert mused upon the words of Shakespeare in Henry V; ‘Turn him to any cause of policy, The […]

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Hallam Estates and the New Buffer Rule

The recent case of Hallam Estates Ltd and Michael Stainer v Teresa Baker [2014] EWCA Civ 661 is a key decision in which Lord Justice Jackson himself overturned a case management decision refusing relief from sanctions. In light of the criticisms of his reforms, it would appear that Lord Jackson used this case as an […]

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Case Review: Kilby v Brown (Birkenhead County Court 2014)

Introduction Claimant solicitors who deal with disputed medical expert fees and commonly use the Part 7 & Part 8 procedure will no doubt be aware of the recent, first instance decision in the case of Kilby v Brown (2014). Facts/Circumstances The case involved a low-value RTA case, which District Judge Peake described as “a couple […]

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Sharon Denby judges the Claims Innovation Awards

Ontime Group’s Director of Costs Sharon Denby was delighted to undertake judging duties for the 2014 Claims Innovation Awards, held at the Midland Hotel in Manchester on 21st May. Her fellow judges were other leading names in the legal sector and together they recognised the very best of the claims industry in categories such as […]

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Budget filed one day late: a trivial and insignificant breach

The case of Wain v Gloucestershire County Council & Ors [2014] offers a glimmer of hope for those of us fearfully monitoring the budgeting landscape in the wake of the much-cited Mitchell decision. Somewhat unusually, the judge in this matter took a more sensible approach and granted relief from sanctions for a budget that was […]

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QOCS Protection & fundamental dishonesty ruling paves way for increased insurer challenges & more satellite litigation

Qualified One -Way Costs Shifting (QOCS) has been in force since 1st April 2013 and was implemented to go hand in hand with the Jackson reforms in respect of funding and the costs of civil litigation. QOCS have been and continue to be controversial: The essence of QOCS was to remove the need for the […]

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Why use a consultant and not a GP for a medical report?

The debate about who is the best person to do a medical report in personal injury or medico-legal matters is one that seems to run and run.  Obviously as a Consultant Orthopaedic Surgeon who treats general orthopaedic trauma but also has a sub-specialist interest in shoulder and elbow problems I am likely to be somewhat […]

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Invitation from James Maxey to discuss new RTA whiplash medical proposals

Dear Colleague, Please excuse the interruption. This email is about the Lord Faulks QC letter of 2nd May (click here to read) and the proposals for the reform of medical examinations/medical agencies. I am the Managing Director and one of the owners here at Ontime Group and am also one of the owners of Express […]

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Wide Lines – when is a slip/trip an RTA?

Bizarrely, in a recent case that we dealt with, the answer seems to be that if the accident occurs after the Claimant has refuelled with petrol, what is clearly a slipping accident can be treated in law as an accident that arises out of the use of a motor vehicle. The facts of the case […]

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Preparation of the Precedent H… Simples!

Or not as the case is regularly proving to be! Precedent H should come with a cautionary warning it is difficult to use and contains fundamental errors which make it almost useless:

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