Medical agency costs not recoverable in fixed costs regime – a solution
(Estimated reading time: 1 minute 33 seconds) When it comes to your client’s personal injury claim, at some point you will need to obtain medical evidence – either through direct instruction with the expert themselves or via a medical agency. Whichever option you choose, each will come with their own pros and cons. Here we […]
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Covid-19 claims: what we are seeing?
By Matthew Best, Senior Underwriting Manager (Estimated reading time: 4 minutes 27 seconds) Previously it was reported that we may see a ‘tidal wave’ of litigation surrounding the coronavirus pandemic. Whilst that may well be the case in the months or perhaps years to come, to date we have only started to see a few […]
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Error by Omission – Misuse of Private Information and Breach of Confidence after Warren v DSG
By Matthew Pascall, Senior Underwriting Manager (Estimated reading time: 3 minutes 53 seconds) A recent and widely reported case has emphasised the need for practitioners to think carefully before bringing misuse of private information and breach of confidence claims alongside claims under the Data Protection Act. In Warren v DSG Retail Limited [2021] EWHC 2168 […]
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Supreme Court Costs Decision Means ATE Insurance Still Very Necessary for Claimants.
(Estimated reading time: 1 minute, 59 seconds) Victims of injury and medical accidents could still lose all their damages The recent handing down of the decision in Ho v Adelekun by the Supreme Court has met with mixed reactions in legal and insurance circles. The large and highly resourced defendant law firms were keen to […]
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When does an After-the-Event insurance policy provide adequate security for a defendant’s costs?
(Estimated reading time: 3 minute 21 seconds) The short answer is, it very much depends on the wording of the particular policy and provisions in it enabling the insurer to void the policy and/or exclude liability. A rather unhelpful answer but nonetheless probably true. A defendant’s legal representatives will go through the policy wording with […]
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Claimant Victory in Supreme Court Costs Decision Reverses Previous QOCS Ruling
(Estimated reading time: 1 minute, 41 seconds) The Ho v Adelekun hearing at the Supreme Court has taken place and the decision has finally been handed down. This judgment has resulted in a major claimant victory. It reverses the decision in Howe v MIB and reinforces the original intention of the QOCS regime; this being that, […]
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Temple Legal Protection – Office Relocation
We are excited to be moving into our new and conveniently located offices in Guildford. If you are visiting us, our new address is: Temple Legal Protection Limited One Bell Court Leapale Lane Guildford GU1 4LY For directions to our new office please click here. Our telephone number will remain the same: 01483 577877 Please […]
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Professional Negligence: judgment restating the law applicable to professional advisor negligence claims
Manchester Building Society v Grant Thornton [2021] UKSC 20; [2021] 3 WLR 81 By Sam Knight, Underwriter (Estimated reading time: 6 minutes, 14 seconds) This case arose from negligent advice given by the Claimant’s auditor, exposing them to a £32.7 million loss. The key question for the court was whether the scope of the duty […]
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QOCs for Scotland – what’s been happening?
By David Stoker, Senior Underwriter (Estimated reading time: 4 minutes, 2 seconds) New rules introduced into Scottish courts meant that from 30 June 2021 the majority of parties seeking damages for clinical negligence and personal injury claims will not be liable for the expenses of their opponent, if their action fails. This article seeks to […]
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