pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Kelly v Black Horse - reasonableness of ATE premiums in PPI litigation

  Another recent example of the courts’ more robust approach to costs (as to which, see also my earlier posting on Willis v MRJ Rundell & Associates Ltd) is found in Kelly v Black Horse [2013] EWHC B17 (Costs). Kelly was a fully-contested PPI claim which the claimants won. The district judge ordered that the balance of their outstanding loan (£5,200) be written off, that the d... [More]

Michael v Middleton - relief from sanctions under CPR 3.9 and solicitors negligence claims

Litigation solicitors up and down the country are no doubt assessing the implications of the latest procedural changes with an eye to their own risk management profile. Of particular importance has been the change to the provisions concerning relief from sanctions under CPR 3.9. The recent decision of Michael v Middleton [2013] EWHC 2881 (Ch) illustrates how tough the courts are becoming in implem... [More]

Costs budgets and professional negligence claims

 Many lawyers are no doubt wondering how the new costs rules, particularly those as to costs budgets, will affect litigation in the future. The recent decision of Mr Justice Coulson in the Willis v MRJ Rundell & Associates Ltd & Anor [2013] EWHC 2923 (TCC) provides some helpful pointers.  The case, which was run under the costs management pilot in the TCC, involved a £1.1m ... [More]

Flagrant misconduct by trial Counsel

The outgoing Lord Chief Justice, Lord Judge, lobbed a live grenade into the lap of one barrister in a Court of Appeal judgment on Monday, accusing Counsel concerned of “flagrant misconduct and alleged professional incompetence” in the opening sentence of the judgment.  Three men convicted of offences under the Terrorism Act 2006 appealed to the CA.  One of them, Farooqi, c... [More]