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AKS (a protected party) v National Farmers Union Mutual Insurance Society Ltd) [2025] Lexis Citation 46 What are the practical implications of this case? At its simplest, the judgment underscores the stringent, precisely drafted CPR provisions that regulate settlements involving protected parties, together with the mandatory formalities required before any compromise will validly bind a protected party. This is a point to be borne in mind by solicitors acting for protected parties, litigation friends and Court of Protection deputies alike. The ruling is also pertinent to those representing protected parties under conditional fee agreements and, more broadly, to the courts’ developing approach to success fees. It directs practitioners to give close attention to the appraisal of risk, to articulate a clear justification supported by evidence for any assessed risk, and to consider, where appropriate, early notification and frank discussion of success fees with clients, including litigation friends in protected party cases. What was the background? The claimant, AKS, qualified as a protected party under CPR 21.1(2)(d)....
In this issue: Key PI and clinical negligence developments Clinical negligence Claims involving a fatality Public authorities and the state Road traffic accidents Costs Artificial intelligence developments Other PI and clinical negligence news LexTalk®PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts LexisNexis® Webinars Useful information Key PI and clinical negligence developments Firms in ‘purgatory’ as regulators respond to Mazur fallout A recent court judgment confirming that trainees and paralegals may not conduct litigation, even with supervision, has left some practices ‘in purgatory’, as they confront a ruling which, lawyers caution, could render large areas of work unsustainable. See News Analysis: Firms in ‘purgatory’ as regulators respond to Mazur fallout. Law Society publishes practice note on conduct of litigation following Mazur v Charles Russell Speechlys The Law Society has issued guidance to solicitors, firms and legal businesses on ensuring that only those authorised under...
In this issue: Key PI & Clinical Negligence developments Clinical negligence Psychiatric and occupational stress Settlement CPR updates Other PI & Clinical Negligence news New content LexisNexis® Quantum Portal LexTalk® PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts LexisNexis® Webinars Useful information Key PI & Clinical Negligence developments The Senior Courts Costs Office, before Senior Costs Judge Rowley, has addressed the recoverability of Medical Reporting Organisation fees in two personal injury matters, JXX and HLA. During detailed assessment, the court considered charges raised by Medical and Professional Services Limited and Premex Services Limited in their roles as Medical Reporting Organisations. The central issue was whether such fees should be categorised as outsourced solicitors’ work—necessitating a breakdown akin to time-costed solicitors’ charges—or treated as disbursements to be assessed for reasonableness. The court determined that Medical Reporting Organisation fees are properly classed as disbursements rather than outsourced solicitors’...
This Practice Note summarises key and illustrative rulings on the use of the court’s discretionary power under CPR 3.1(7) to vary or revoke an order, covering: Instances where the court has varied or revoked an order under CPR 3.1(7) Instances where the court has refused to vary or revoke an order under CPR 3.1(7) For the governing principles and guidance on applying to vary or revoke under CPR 3.1(7), see Practice Note: Varying or revoking orders—court’s general power under CPR 3.1(7). For a tabular summary of the different CPR mechanisms for amending court orders, see: Judgments and orders—overview. Examples of when the court has varied or revoked an order under CPR 3.1(7) Case details Stockler v The Corporation of the Hall of The Arts and Sciences, 21 November 2025, County Court at Central London, Senior Courts Costs Office, [2025] EWHC 3080 (SCCO) Key notes from the decision In this matter, part two of the defendant’s bill of costs...
For an at‑a‑glance, high‑level outline of the civil court structure and hierarchy in England and Wales, see: Courts and Tribunals Judiciary—Structure of Courts and Tribunals System. Several civil courts issue a court guide explaining how business in that court should be managed, which operates alongside, and in addition to, further guidance given in the Civil Procedure Rules (CPR). For further details, see Practice Note: Court guides and other guidance. For information on: claims that must be brought and issued in the County Court, see Practice Note: Starting civil claims in the County Court commencing a claim under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims (alternative procedure for claims) High Court or the County Court? Whether proceedings ought to be issued in the High Court or the County Court is, in the main, determined by the claim’s value. This Practice Note addresses starting a claim under CPR 7. The...
Archived : This Practice Note draws on provisions repealed on 1 April 2013 and is retained solely for historical reference purposes. Who determines the guideline hourly rates The Guideline Hourly Rates (GHR) are at present set by the Master of the Rolls. From January 2013, this function will pass to the Civil Justice Council, and it is anticipated that a CJC sub-committee will be created to take on that responsibility. For information about the change, see the WMS from the MOJ here. Guideline hourly rates Solicitors may charge any hourly rate they choose for their services, but those amounts might not be recovered in full at a costs assessment. When considering the rates charged, the court will examine them alongside the GHR. The Senior Courts Costs Office publishes the Guide to the Summary Assessment of Costs (the Guide), which includes guideline hourly rates for differing levels and grades of fee earner across the country. It is important to note that the Guide: does...
INSOLVENCY ACT APPLICATION NOTICE Use with an application notice complying with Insolvency (England and Wales) Rules 2016, SI 2016/1024—see Form IAA (IR 2016, r1.35 VAR) and corporate insolvency application notice. Case No: [insert]. Court: High Court (Business and Property Courts—Insolvency and Companies List (ChD)) or County Court at [insert]. Between [Applicant(s)] and [Respondent(s)]. Matter: [company] and the Insolvency Act 1986. Under s212 Insolvency Act 1986. Applicant(s): [names/addresses]. Respondent(s): [names/addresses]. Heard by [judge level] at [court/hearing centre]. Within existing proceedings? YES/NO. Court ref: [insert]. Declaration that Respondent(s) breached fiduciary/trust/statutory duties by causing or permitting the Company to [details]. Order that Respondent(s) [jointly and severally] account to Applicant(s) (liquidator(s)) for [sum], or as the Court thinks fit. Alternatively, equitable compensation/damages of [sum], or as the Court decides. Interest in equity or under s35A Senior Courts Act 1981 at rate and period the Court thinks fit. Costs of and incidental to this application. Further or other relief as the Court thinks fit....
INSOLVENCY ACT APPLICATION NOTICE Use this Precedent alongside an application notice template that accords with the Insolvency (England and Wales) Rules 2016, SI 2016/1024, including Form IAA under IR 2016, r 1.35. Complete the following: case number; court heading (High Court—Business and Property Courts, Insolvency and Companies List (ChD), specifying location where appropriate, or County Court—Business and Property Work); and the matter (company or bankrupt) in bankruptcy and under the Insolvency Act 1986. Identify the Applicant(s) and Respondent(s) with full names and addresses, the company/bankrupt concerned, and the judicial level and court or hearing centre. Confirm whether the application sits within existing insolvency proceedings (YES/NO) and provide the related court reference. Statutory basis: section(s) 238, 239, 339 and/or 340. Relief sought: declaration of preference/transaction at an undervalue; repayment to restore the position; interest under the Court’s equitable jurisdiction or section 35A Senior Courts Act 1981; costs; any further order. Grounds: set out in the numbered witness statement with author and date. Service: list...
Application notice in insolvency proceedings (corporate) INSOLVENCY ACT APPLICATION NOTICE Use with an application notice compliant with the Insolvency (England and Wales) Rules 2016, SI 2016/1024—see Form IAA, IR 2016 r1.35 VAR... Case No: [insert]. Court: [identify court or hearing centre as per heading]. In the matter of [company] and the Insolvency Act 1986. Between [Applicant(s)] and [Respondent(s)]... Made under section 127 Insolvency Act 1986. Applicant(s): [names/addresses]. Respondent(s): [names/addresses]. Concerns: [company details]. Heard by [level of judge] at [court/hearing centre]. Within existing insolvency proceedings? YES/NO. Court reference: [insert]... Declaration that [the disposition(s), e.g. payment(s) in Schedule A] [is/are] void under section 127... Restoration: (i) repayment of the Schedule A sum(s) and/or such sum(s) as the court thinks fit; (ii) interest under section 35A Senior Courts Act 1981 at such rate and for such period as the court sees fit... Costs of and incidental to this application... Such further or other relief as the court thinks fit... Grounds:...