Mediation for clinical negligence cases – still a hot topic
(Estimated reading time: 1 minutes, 31 seconds) By David Pipkin – Director, Underwriting Division and observations from Terry Renouf of Renouf Mediation. The NHSR annual report records that the number of clinical negligence mediations increased by 110% (380) in the last year and that figure is likely to continue to increase significantly in coming years. […]
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Costs: looking backwards and forwards – how is 2019 unfolding?
(Estimated reading time: 2 minutes, 39 seconds) By Colin Campbell, Consultant at Kain Knight Costs Lawyers, Deputy Costs Judge and mediator in costs at Costs Alternative Dispute Resolution (CADR). In January, we made various predictions about developments in the arcane world of civil costs. How accurate have they proved to be? This update looks at […]
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IDD – I DIDN’T KNOW IS NOT A VALID EXCUSE
(Estimated reading time: 3 minutes, 16 seconds) Knowledge really is power! In October 2018 the Insurance Distribution Directive (IDD) came into force and introduced a number of new obligations that firms involved in the designing and the selling of insurance products need to meet. We take a look at two key elements of these […]
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Reasonable financial provision and maintenance: Almost 3 years after Ilott, where are we now?
On 15 March 2017, the Supreme Court handed down the much anticipated judgment of Ilott v The Blue Cross and others [2017] 2 W.L.R. 979. An adult child who was estranged from her mother, the deceased, successfully challenged the will that disinherited her. Facts Mrs Ilott left home in 1978 at the age of 17 […]
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Before ‘after the event’ insurance, there was ‘before the event’ insurance – after ‘after the event’ there will (still) be ‘before the event’
(Estimated reading time: 4 minutes, 19 seconds) When it comes to legal expenses insurance After The Event (ATE) insurance isn’t going anywhere, but there will be increasing opportunities for brokers offering Before The Event (BTE) insurance in the provision of access to justice. This is as a result of legislation changes impacting on the ability for […]
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Roundtable: The Future of Litigation Insurance
In conjunction with Neil Rose at Legal Futures we gathered a panel of leading commercial litigation experts together at a roundtable event to discuss the challenges they face advising clients about litigation insurance and funding. Questions included ‘Should the merits threshold for litigation insurance be lowered?’ and ‘Should insurers embrace new approaches to premium pricing?’ […]
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Lawyers suing lawyers: professional negligence claims against personal injury practitioners
By David Pipkin Director, Underwriting Division and Jacob White, Underwriter (Estimated reading time: 5 minutes, 18 seconds) At a recent Professional Negligence Lawyers Association (PNLA) event, sponsored by Temple Legal Protection, our attention was drawn to an article providing the comments of Richard Beaty, counsel from Hailsham Chambers. Richard expressed the view that there was […]
Read More Commercial mediation in action: tactics following Court of Appeal mandatory ADR order
On 6th August 2019 the Court of Appeal handed down a judgment determining that an Early Neutral Evaluation (“ENE”) could be ordered by the Court for commercial mediation without the consent of the parties. Leading mediator Terry Renouf considers the implications of this decision. In Lomax v Lomax [1] Moylan LJ handed down a brief […]
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AI – artificial Intelligence and actual intelligence: the role of technology in litigation insurance/funding.
By Matthew Pascall, Senior Underwriting Manager (Estimated reading time: 5 minutes, 7 seconds) If some headlines in the legal and insurance press are to be believed, it may seem that disclosure will be digitized, insurers are over-rated, and the role of actuaries could be archived. Whilst this may be more likely in aspects of consumer […]
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