Decision at Winterfell

For many years I have been going to Newcastle upon Tyne.

A pleasant city, but very cold at this time of year.

This week HHJ Freedman handed down a judgment allowing an appeal and overturning a decision of a district judge, who faced with Notices of Discontinuance on the day of a personal injury trial, had set aside those Notices and struck out the revived claim for conduct obstructing the just disposal of the proceedings, disapplying the claimant’s Qualified One Way Costs Shifting protection.

A decision that may be of interest to personal injury practitioners and a copy of the judgment can be found here:

E27YY493 – McDonald v Excalibur& Keswick Groundworks Ltd HHJ Freedman 29th November 2021

One thought on “Decision at Winterfell

  1. Interesting case, and I think that your representation of the Appellant prevented a substantial injustice from occurring.

    One does wonder why the Respondent, if aware of the conflicting accounts of what happened, didn’t raise this before it got to the doorsteps of the court of the original hearing.

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