29 Jan 2018
The appeal was dismissed because the judge below correctly concluded the unless order was clear and enforceable, the appellant failed to comply within the specified time and there was no error in the exercise of discretion in refusing to relieve the appellant from the automatic sanction; no basis existed for appellate interference.
25 Oct 2017
In cases involving mentally incapacitated plaintiffs the court will enforce PD18.1 and the Part II Mental Health Ordinance safeguards: settlement approval must either be sanctioned by the Mental Health Court or provide for funds to remain in court pending Part II proceedings; solicitors cannot accept or retain payments towards solicitor-and-own-client costs without proper disclosure and taxation under Order 62 rr.29-30 and sanctioned payments may only be accepted with court leave. Failure to comply requires remedial orders (repayment and directions).
14 Apr 2015
The signed Mediation Minutes constitute the parties' agreement adopting the Law Society Mediation Rules; no contrary agreement on costs was retained in the executed Minutes or final draft mediation agreement, therefore Rule 13(a) applies and the court will not direct that mediation costs be costs in the cause; summons dismissed and costs awarded to defendants.
8 Oct 2013
The court exercised its discretion to enlarge time and allowed the appeal because the appeal was meritorious and psychiatric expert evidence was necessary to resolve contested issues of causation, chronicity and prognosis; however the unilateral solo psychiatric report was held inadmissible for the leave application/appeal/trial because it was obtained in breach of PD18.1 and without proper justification; the court granted leave for each party to instruct one forensic psychiatric expert subject to joint procedures and directed case management steps and costs orders.