You are here

New PAD

Has a recent judgment brought an end to the pre-action disclosure dispute? Philip de Berry and Madelene Holdsworth report

9 August 2010

It is now common for respondents to pre-action disclosure (PAD) applications in personal injury disputes to challenge the recoverability of costs on the grounds of CPR 48.1 and by reference to the indemnity principle. A comprehensive judgment on the issues posed by the rule was handed down by Manchester’s DCJ, HHJ Holman, last year. But, in the decision in Sherred v Western Housing (Manchester County Court, 13 October 2009) the judge referred the indemnity point to the Senior Courts Costs Office (SCCO). That case was compromised, but the SCCO has now had its say on the indemnity issues in the case of Connaughton v Imperial College Healthcare NHS Trust [2010] EWHC 90173 (Costs) – a decision of Master Haworth.

Respondents typically raise the indemnity issues where the retainer is based on the Law Society model CFA (as was the case in Connaughton). One issue is whether “your claim for damages”, as provided by the agreement, does not cover applications f...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.