header-logo header-logo

16 February 2024 / Dominic Regan
Issue: 8059 / Categories: Opinion , Profession , Costs , Procedure & practice
printer mail-detail

The insider: 16 February 2014

158889
Dominic Regan mixes revelations about fixed costs with nods to a tense parlour game, neglected DJs, unwanted elevation & a must-have frisbee

Hot off the press! The Civil Procedure (Amendment) Rules 2024 (SI 2024/106) are to come into force on 6 April. They address a variety of concerns generated by the October 2023 fixed recoverable costs reforms.

Regulation 6(2)(a)(ii) is the one that claimant clinical negligence practitioners have been panting for.

The default position in the new intermediate track for claims worth between £25,000 and £100,000 is that clinical negligence claims are excluded. However, an exception was provided for where a defendant ‘admitted both breach of duty and causation’.

What though would amount to such an admission? Precisely when was the admission to be made? The answer is:

‘(ii) there has been an admission of liability in full, which means that the defendant accepts that the claimant has suffered loss, including the injury set out in the letter of claim under the Pre-Action Protocol for the Resolution of Clinical Disputes, caused by the defendant’s breach of duty of care; and

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll