ATE insurance in action case study – a pre-LASPO asbestos-related claim
By David Stoker, Senior Underwriter (Estimated reading time: 5 minutes 47 seconds) We have seen a lull in challenges to our ATE recoverable premiums, post LASPO, especially since the decision in West v Demouilpied, but now and again an interesting one occurs, including pre-LASPO challenges. A recent challenge saw a law firm client with an […]
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Will they never learn? Fixed costs – a fix that doesn’t fix what needs fixing
By Matthew Best, Senior Underwriting Manager (Estimated reading time: 5 minutes 50 seconds) I understand that there is an argument for reform. However, I believe it is not the system and its associated costs that needs to change; the root of the problem is the lack of patient safety learning (learning from mistakes) across the […]
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Low Value Commercial Cases – an Achievable Challenge for ATE Legal Expenses Insurers
By Matthew Pascall, Senior Underwriting Manager (Estimated reading time: 4 minutes 23 seconds) ATE insurers are increasingly asked to insure large volumes of relatively low value cases, often on a delegated basis whereby the solicitor assesses the merits of their own cases and issues policies of insurance on the insurer’s behalf. These cases bring their […]
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ATE Insurance in Action – Only the strong survive? Facts from actual personal injury cases and claims
By David Stoker, Senior Underwriter (Estimated reading time: 2 minutes 43 seconds) Though Temple is well known to leading clinical negligence practitioners, we wanted to remind you about our equal appetite and experience for personal Injury work. We insure PI claims of all types including industrial disease, accidents at work and public liability – and […]
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You Can’t be too Careful when Advising Clients About Funding
By David Pipkin, Non-Executive Director (Estimated reading time: 2 minutes 47 seconds) Whenever I am discussing Temple’s funding options with lawyers, invariably I ask what their clients need to know to help them make the right decisions. Whilst there is little doubt personal injury clients anticipate some form of conditional fee and ATE insurance package […]
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Mediating clinical negligence and personal injury cases – 2022 style
By Paul Balen, Mediator and Director of Trust Mediation Ltd (Estimated reading time: 3 minutes 28 seconds) It’s official! The letter ‘A’ is officially redundant. Claims are now all about Dispute Resolution. As the Master of the Rolls said last year: “Courts are there to assist the parties find a resolution to their dispute and […]
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Eroding confidence – when things go south with ATE insurance
(Estimated reading time: 2 minutes 38 seconds) In the context of ATE insurance and before the trial of the claim, this often will mean the confidence in the insured’s case has been seriously eroded. Unsurprisingly the cause of such erosion can be a number of factors – disclosure may throw up inconvenient evidence, an expert’s […]
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Can we Defend? Yes, we can: Litigation Insurance for Defendants in Commercial Disputes
By David Pipkin, Non-Executive Director (Estimated reading time: 2 minutes 41 seconds) For commercial disputes there is a perception that ATE/litigation insurance is only for claimants – and not for insuring defendants. Here at Temple, whilst the vast majority of our insured are claimants, we are only occasionally asked about insuring defendants. In this article […]
Read More Practical tips on offers in costs proceedings
By John Ivory, costs lawyer and mediator (Estimated reading time: 4 minutes 17 seconds) As we begin another year, it seems an opportune moment to think about how practitioners can operate to best protect their clients’ interests from a legal costs perspective. With that in mind, here are some pointers which may be worthwhile bearing […]
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