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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Tapping into potential – a decade of CFAs and ATE insurance in commercial litigation
By David Pipkin Director, Underwriting Division and Matthew Pascall, Senior Underwriting Manager (Estimated reading time: 8 minutes, 36 seconds) This article was originally published in the August 2019 issue of ‘Litigation Funding’ magazine. Back in 2009, Litigation Funding published an article entitled ‘The case for business. Are commercial litigators finally waking up to CFAs?’ which […]
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Stephen Ryan raising money for The Institute of Cancer Research
Temple Legal Protection are proud to be sponsoring our IT and Marketing Assistant, Stephen Ryan who will be taking part in numerous events to raise money for The Institute of Cancer Research (ICR) finishing with the London Marathon in 2022. ICR is one of the world’s most influential cancer research organisations with an outstanding record […]
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Costs Law Reports Conference 2019
We thought you would like to know about the Costs Law Reports Conference which is due to be held at the offices of Eversheds Sutherland in London on 25th September 2019. Tickets are available on a first come, first served basis and are selling fast! For further details of this event click here and If you […]
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QOCS on the Scottish horizon
QOCS for Scotland on the horizon The imminent introduction of costs shifting – or QOCS (as it has been labelled) in Scotland – for personal injury and clinical negligence cases provides a good opportunity for Scottish lawyers to explore the prospects of arranging ATE legal expenses insurance for their clients at an affordable price. The […]
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Reasonableness and Proportionality ruling ends
The Court of Appeal in West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust yesterday handed down a defining judgement on the application of the new reasonableness and proportionality rules. This follows the 2015 decision in Nokes –v- Heart of England Foundation NHS Trust [2015] EWHC B6 (Costs) where Master Leonard […]
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Switching a Clinical Negligence case from legal aid to CFA/ATE insurance
In switching a clinical negligence case from legal aid to CFA, the costs judgment in EPX v Milton Keynes University Hospital NHS Trust [2019] was an unhelpful decision for ATE insurance premium recovery. It is another win for the paying party – as the claimant lost the appeal against the Master’s initial ruling. The High […]
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Having Trouble Recovering an ATE Premium in Cases Involving Minors?
Having Trouble With an ATE Insurance Premium Recovery in Cases Involving Minors? In a recent judgment A High Court judge has said there is no general rule preventing costs being awarded against children. the ruling ought to strengthen the need for ATE insurance in minor cases is still very much needed and for ATE insurance […]
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