In our regular monthly round up of cases we look at the effects of the changes to the Civil Procedure Rules under the Jackson Reforms:

Qualified One-Way Costs Shifting/claim for damages for personal injury: In Howe v Motor Insurance Bureau (2016) a claim for compensation against the Bureau under regulation 13 of the Motor Vehicles (Compulsory Insurance) Regulations 2013, as a result of injuries sustained by an unidentified driver from the European Economic Area, did not comprise a claim for “damages for personal injury”, for the purpose of r.44.13 of the CPR and consequently the claimant was not protected from the benefits of the QOCS regime, held Stewart J, sitting in the Queen’s Bench Division. 20/4/16

Costs budgeting/amendment to budget: In Churchill v Boote (2016) a Master had been correct to refuse a party leave to amend its budget, where there had been no “significant developments in the litigation” in the case for the purpose of paragraph 7.6, of Practice Direction 3E of the CPR, held Picken J, sitting in the Queen’s Bench Division. The developments that occurred in this personal injury claim could have been foreseen by the parties when the previous budget was set. 22/4/16