CLAIMANT'S PART 36 OFFER WHICH INVOLVED A 1.15% DISCOUNT WAS A GENUINE ONE:EVEN A NARROW MARGIN MEANS DEFENDANTS FACE NORMAL PART 36 CONSEQUENCES

CLAIMANT’S PART 36 OFFER WHICH INVOLVED A 1.15% DISCOUNT WAS A GENUINE ONE:EVEN A NARROW MARGIN MEANS DEFENDANTS FACE NORMAL PART 36 CONSEQUENCES

July 19, 2022 · by · in Applications, Part 36

In Omya UK Ltd v Andrews Excavations Ltd & Anor [2022] EWHC 1882 (TCC) Mr Roger Ter Haar QC, sitting as a Deputy High Court Judge, found that a claimant’s offer that was some 1.15% less than the sum awarded…

WEBINARS ON KEEPING YOUR COOL: UNDERSETTLEMENT, PROCEDURAL PITFALLS AND LIMITATION PROBLEMS: AVOIDING MATTERS HEATING UP WHEN THE HEATWAVE IS OVER

WEBINARS ON KEEPING YOUR COOL: UNDERSETTLEMENT, PROCEDURAL PITFALLS AND LIMITATION PROBLEMS: AVOIDING MATTERS HEATING UP WHEN THE HEATWAVE IS OVER

July 19, 2022 · by · in Avoiding negligence claims, Civil Procedure, Damages, Limitation, Webinar

In September I am presenting a number of webinars with the theme of “avoiding problems”. These are avoiding undersettlement: avoiding procedural pitfalls and avoiding problems with limitation.   “AVOIDING UNDERSETTLEMENT:  A GUIDE FOR PERSONAL INJURY LAWYERS” 19th September 2022  …

APPLICATION TO RELY ON EXPERT EVIDENCE REFUSED: THE RULES WERE NOT FOLLOWED AND THE REPORT WAS "FAR BELOW THE STANDARD OF ANALYSIS THAT THIS COURT IS ENTITLED TO EXPECT FROM AN EXPERT WITNESS"

APPLICATION TO RELY ON EXPERT EVIDENCE REFUSED: THE RULES WERE NOT FOLLOWED AND THE REPORT WAS “FAR BELOW THE STANDARD OF ANALYSIS THAT THIS COURT IS ENTITLED TO EXPECT FROM AN EXPERT WITNESS”

July 19, 2022 · by · in Applications, Civil evidence, Coronavirus, Credibility of experts, Expert evidence, Experts

In North Yorkshire Clinical Commissioning Group v E (Covid Vaccination) (Rev1) [2022] EWCOP 15 Mr Justice Poole disallowed an application by a respondent in relation to expert evidence.  The expert had been instructed without compliance with the procedural rules in…