Legal articles

Multi-track claims: beware excessive incurred costs when costs budgeting

Posted by Jennifer Rhind on May 4 2015 in Commercial litigation & dispute resolution

Costs budgeting was introduced on 1 April 2013 as part of the Jackson reforms and applies to all Part 7 multi-track claims with a value of less than £10 million (subject to limited exceptions). Parties must ensure that costs budgets are filed and exchanged by the date specified or 7 days prior to the first Case Management Conference (“CMC”).

Time Limits for Bringing Personal Injury or Medical Negligence Action

Posted by Rachael Bishop on May 4 2015 in Medical negligence, Personal injury, Professional negligence

There are strict time limits for bringing a personal injury or medical negligence action. Whilst the general rule is that a Claimant has 3 years from the date of the negligence, or date of knowledge of the negligence, in which to either settle their claim or issue court proceedings against a Defendant, this is not always the case and each case should be assessed on its own facts. It is advisable to seek advice if there are any doubts as to the date.

Infrastructure Act introduces ‘Deemed Discharge of Planning Conditions’

Posted by Pritpal Singh Swarn on April 29 2015 in Planning, Real estate

One of the last legislative acts of the coalition government was to pass the Infrastructure Act which, among other things, introduces further liberalisation of the planning laws by speeding up the process of approving planning conditions (or deemed discharge). According to the Office for National Statistics, Britain is building only half the number of houses it needs to keep up with population growth – a situation which has not improved much since the 1970s. The planning regime stands accused of being one of the main barriers to increased levels of development and one of the reasons for this is the slow approval of applications to discharge planning conditions.

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