Antonio Caliendo and Barnaby Holdings LLC v Mishcon de Reya (2014)

We all remember the mad “pre-Jackson” rush in February and March 2013. Everyone was desperately trying to buy ATE insurance before 1 April 2013 to cover their older cases, and at the same time finalise CFAs on all their latest cases. It was a short period of pandemonium and it was perhaps almost inevitable that there were going to be a few cases where the defendant was not notified of these “additional liabilities” (the premium and the success fee) within the necessary seven days/when the defendant was first contacted. As costs on this era of cases are now beginning to be recovered, these occasional lapses are beginning to surface, but there has been a very helpful ruling which it is worth letting you know about below. We hope…