*/
Civil procedure – Personal injury – Expenses – Voluntary pre-action protocol. Sheriff Court: In a personal injury action in which the pursuer's solicitors sent a letter of claim to the defender's insurers proposing that the claim be negotiated in terms of the voluntary pre-action protocol, of which the insurers were signatories, and then raised the action without further warning after receiving no reply within 21 days, and the sheriff found no expenses were due to or by either party after the action settled, taking the view that a further warning letter was required, the court held that the sheriff's approach was erroneous; where it was accepted that adherence to the protocol reflected the normal and reasonable approach there was a risk of causing uncertainty and undermining confidence in the protocol if the court superimposed additional requirements such as that suggested by the sheriff.
Civil procedure – Personal injury – Expenses – Voluntary pre-action protocol. Sheriff Court: In a personal injury action in which the pursuer's solicitors sent a letter of claim to the defender's insurers proposing that the claim be negotiated in terms of the voluntary pre-action protocol, of which the insurers were signatories, and then raised the action without further warning after receiving no reply within 21 days, and the sheriff found no expenses were due to or by either party after the action settled, taking the view that a further warning letter was required, the court held that the sheriff's approach was erroneous; where it was accepted that adherence to the protocol reflected the normal and reasonable approach there was a risk of causing uncertainty and undermining confidence in the protocol if the court superimposed additional requirements such as that suggested by the sheriff.
The Chair of the Bar sets out how the new government can restore the justice system
In the first of a new series, Louise Crush of Westgate Wealth considers the fundamental need for financial protection
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Possibly, but many barristers are glad he did…
Mental health charity Mind BWW has received a £500 donation from drug, alcohol and DNA testing laboratory, AlphaBiolabs as part of its Giving Back campaign
The Institute of Neurotechnology & Law is thrilled to announce its inaugural essay competition
How to navigate open source evidence in an era of deepfakes. By Professor Yvonne McDermott Rees and Professor Alexa Koenig
Brie Stevens-Hoare KC and Lyndsey de Mestre KC take a look at the difficulties women encounter during the menopause, and offer some practical tips for individuals and chambers to make things easier
Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice since January 2021, is well known for his passion for access to justice and all things digital. Perhaps less widely known is the driven personality and wanderlust that lies behind this, as Anthony Inglese CB discovers
The Chair of the Bar sets out how the new government can restore the justice system
No-one should have to live in sub-standard accommodation, says Antony Hodari Solicitors. We are tackling the problem of bad housing with a two-pronged approach and act on behalf of tenants in both the civil and criminal courts