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Key Point

Where defence silent re Portal agreement on individual heads of loss, parties not bound by those agreements

(departing from Bewicke-Copley)


Bushell v Parry

HHJ Gregory, Liverpool CC, 15th March 2015

This claim had started in the Portal where some heads of loss were agreed, but then the claim left the Portal and Part 7 proceedings were issued. The Defendants put in a Defence putting the Claimant to and said nothing about some of the heads of loss having already been agreed in the Portal. The issue was whether the Claimant was bound by the agreements reached on individual heads of loss in the Portal. Most significantly that included personal injury, without which the Part 7 claim would have been in the small claims track.

The judge found that the Claimant was not bound by individual heads of loss in the Portal. He said if he was wrong on that then the defence which acted as though everything was and had not pleaded the Portal agreement, Bewicke-Copley v Ibeh distinguished.

Please note this case has now been overturned by Maddocks v Lyne, a case which HHJ Gregory himself gave permission to appeal on.

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