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Limitation – Mossa v Wise

The cases of Mossa v Wise [2017] EWHC 2608 (QB) and Ellis v Iyer and others [2018] EWHC 3505 (Ch) show the hurdles Defendants face in seeking to successfully pursue a Limitation Defence.

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Case law update: Multiple Defendants and QOCS

The lead Judgment in Cartwright is a barrier for successful Defendants who wish to recover the costs of defending personal injury claims. Lord Justice Coulson upheld the Cost Judge's decision that that sums payable under a Tomlin order by D1 to the Claimant were not covered by CPR r.44.14(1).  On that basis, the successful D2, Venduct, could not recover their legal costs from the damages paid by D1 to the Claimant under the Tomlin order. Unfortunately for Defendants, settlements reached under CPR r.36 are not covered by the QOWCS regime either.

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