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Cases: Paul McGrath

Amjad v UK Insurance Limited [2023] EWHC 2832 (KB); [2024] 1 WLR 2038

Personal injury, costs, disapplication of QOCS where the claim was made for the benefit of a third party. The two gateways in CPR 44.16(2)(a) and (b) depended on who benefitted from the claim: if a third party benefitted then gateway…

08/07/2024

Fleming v Zurich Insurance plc [2023] EWCA Civ 1417

Civil procedure, pleadings, lifting the value. The Claimant brought a claim for personal injury and originally limited his claim to Fast Track levels. Standard directions were issued including permission to file and serve an updated schedule of loss. The Claimant’s…

08/07/2024

UK Insurance Ltd v Ali [2024] EWHC 30 (KB)

Contempt: procedure, permission and prison capacity. In a contempt application the Court considered when permission is required in relation to allegations of interference with the administration of justice in ‘existing’ proceedings and the relevance of overlapping allegations which do require…

08/07/2024

Advantage Insurance Co Ltd v Harris [2024] EWHC 626 (KB)

Contempt: basis and sentencing. In a contempt application, a Claim Notification Form could form the basis for contempt, just as with pleadings and statements. When sentencing, the Court could impose a fine if the exceptionality of the circumstances justifies the…

08/07/2024

Thakkar v (1) Mican (2) AXA Insurance UK plc [2023] EWHC 2313 Mr Justice Richard Smith, later unsuccessfully appealed by the other side to the Court of Appeal (reported at [2024] EWCA Civ 552).

Fundamental dishonesty and costs. There was no presumption that a successful Claimant would receive indemnity costs where the Defendant’s allegations of fundamental dishonesty failed. The default position is that standard costs are payable unless the receiving party could demonstrate why…

08/07/2024

LV= v Hall (Unrep)

Dishonest litigant sentenced to 5 months’ immediate custody for false personal injury claim. Paul McGrath and James Henry, instructed by Benjamin Leech of Keoghs LLP, secured a committal order of immediate imprisonment for 5 months for contempt of court against…

18/06/2020

KAT v Torbay Council

Claim for National Minimum Wage pursued by foster carer providing emergency foster care. Whether salaried worker, whether unmeasured worker, whether ‘on call’ was time at work.

13/11/2019

Lawrence v NCL (Bahamas) LTD (‘The Norwegian Jade’)

Claim in the Admiralty Division for an accident aboard a tender vessel. The judgment considers questions of the scope of the Athens Convention along with whether liability was established for an accident aboard a third party’s vessel.

15/01/2018

Hamid v (1) Khalid (2) Co-Operative Insurance

Alleged fraud case. Court of Appeal decision following an insurers appeal against a finding that an accident had been proven on a balance of probabilities. Guidance given on when an appeal Court can interfere, when an acquittal of fraud can…

12/04/2017

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