Category RTA Protocol

QADER 2: REMAINING PROBLEMS AND ISSUES: THE CONTINUING DEBATE

The post yesterday on the Qader decision has led to a large number of comments.  These are easy to overlook.  I have placed the comments here since these outline the issues that remain unresolved. I have added some sub-headings, but this is a reflection of the comment section on the blog. WHAT IF THE CASE […]

SOLICITOR’S AGENT HAS NO RIGHT OF AUDIENCE AT STAGE 3 HEARING: COUNTY COURT DECISION CONSIDERED

Who has a right of audience at a Stage 3 hearing? This issue has been considered in the county court and I am grateful to barrister Jonathan Dingle for sending me a copy of the decision of District Judge Peake in McShane -v- Lincoln (Birkenhead County Court 28th June 2016). click-here-to-see-case “With the introduction of the […]

RTA TRIAL FEE RECOVERABLE IF CASE SETTLES AT TRIAL

In Mendes -v- Hocthtief (UK) Construction Ltd [2016] EWHC 976 (QB) Mr Justice Coulson decided a point of some importance: is the RTA Protocol brief fee recoverable if a matter settles at trial. “… there are sound policy reasons for concluding that the interests of justice would be better served if the advocate was not […]

CAR HIRE CHARGES SHOULD STAY IN PROTOCOL: COURT OF APPEAL DECISION TODAY

In Phillips -v- Willis [2016] EWCA Civ 401 the Court of Appeal gave some clear guidance as to the appropriate approach of the courts when the issues relating to damages are “whittled down” by agreement. The normal procedure is for the action to stay within the Part 8 proceedings. The lower court’s decision to transfer […]