| Update on Lord Jackson Review |
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As all practitioners will know this is moving fast forward in great haste. The useful article by Lord Justice Jackson is attached to be read on the way forward and proposals.
Have in mind that the Minister has also indicated that fixed fees in RTA cases will be reduced when a ban on referral fees comes in.
The most important decision recently is Motto –v- Trafigura Limited 2011 EWCA CIV1550. This was fast tracked to the Court of Appeal and has made rulings on issues of funding, interest, proportionality, recovery and specifics in this particular matter which was hybrid for any number of reasons not least the total of the bill was in the region of £105,000,000!
Interest Whilst Hunt –v- R M Douglas (Roofing) Limited 1991 AC398 remains the authority there are two recent cases of interest which have curried a great deal of favour with paying parties. Grey –v- Toner a case out of the Liverpool County Court. It being of significance as it is a Judgment of Judge Stewart QC.
See also CPR rule 40.8 and CRP rule 44.3 (iv)(g).
A case in the Oxford County Court also on the same point but found separately is Bridle –v- Ikhlas 22nd February 2011 Oxford County Court.
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