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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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 […]
Read More 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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