When does a Litigation Funding Agreement become a Damages-Based Agreement?
(Estimated reading time: 3 minutes 39 seconds) This was a central issue in the recent Court of Appeal case of Paccar Inc v Road Haulage Association Ltd [2021] EWCA Civ 299 (05 March 2021). Litigation funding agreements (“LFA”) and damages-based agreements (“DBA”) are both forms of litigation funding. Both are ways to facilitate access to […]
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Passing Off – A Double Dismissal Case
By Sam Knight, Underwriter (Estimated reading time: 1 minute 23 seconds) Philip Warren & Son Limited v Lidl Great Britain Ltd & Ors [2021] EWHC 2372 (Ch) This was a case concerning the common law tort of ‘passing off’ where, surprisingly, both the claim and the Defendant’s counterclaim were dismissed. The Court, perhaps also in […]
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Professional Negligence Update – Investigate, Investigate, Investigate!
By Sam Knight, Underwriter (Estimated reading time: 1 minute 19 seconds) Evans v Betesh Partnership [2021] EWCA Civ 1194 is a case concerning the professional liability of a solicitors’ firm and counsel in advising the claimant to settle a personal injury matter in 2011. Ms Evans suffered a traumatic brain injury in a road traffic […]
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Lender Claims in Property Litigation: a Guide Based on Experience
By Matthew Pascall, Senior Underwriting Manager (Estimated reading time: 2 minutes 55 seconds) Property litigation is familiar territory for Temple but one area that often features prominently are claims arising out of the valuation of property. These claims are inevitably cyclical – a down-turn in the economy prompts lenders to look to the property against […]
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Group Litigation – ‘The Right Crowd and No Crowding’
By Matthew Pascall, Senior Underwriting Manager (Estimated reading time: 3 minutes 3 seconds) The Temple head office is located just a few miles from the historic motor racing track at Brooklands. In the 1930’s the track announced on its posters that it offered “The Right Crowd and No Crowding.” It strikes me that this catchy […]
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Straightforward Facts That Means Peace of Mind for Your Litigation Funding
By Matthew Best – Senior Underwriting Manager (Estimated reading time: 5 minute 6 seconds) You may well have seen the recent news about litigation funding in recent weeks. One of my former colleagues once said that he believes that finding the right funding partner at the right time enables you and your client to share […]
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Personal injury claims and the impact of the Civil Liability Act
By Matthew Best, Senior Underwriting Manager (Estimated reading time: 3 minutes 27 seconds) The Civil Liability Bill that went through parliament during 2018 was aimed at two distinct aspects of personal injury claims – lawyers responsible for lower value RTA claims and the discount rate. It is the former that I concentrate on in this […]
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Musings on Mediation
By Matthew Pascall, Senior Underwriting Manager (Estimated reading time: 1 minute 50 seconds) CEDR was founded in 1990 at a time when mediation and other forms of ADR were in their infancy (save, of course, for arbitration). In the subsequent 30 years mediation has grown from a somewhat obscure concept that practitioners approached with some […]
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The Ace in the Hole? – How to help your clients to make a well-informed decision on litigation insurance and disbursement funding
By Andy Lyalle, Senior Business Development Manager (Estimated reading time: 3 minutes 19 seconds) Covid 19 D-Day has come and gone and, since then, it feels like I haven’t been off the motorway attending face-to-face meetings with existing and prospective clients – as well as the Zoom/Teams meetings continuing. All of which has prompted me […]
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