CFA Unenforceable Due To Failure To State Success Fee In Percentage Terms
By Matthew Best, Underwriting Manager. District Judge Branchflower in the County Court at Barnsley found that the conditional fee agreement between instructing solicitors and the claimant was unenforceable on the grounds that the CFA provided for a success fee but failed to state that success fee in percentage terms. Counsel for the claimant commented that […]
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Big Bucks and Trucks – Claims, Causation and Quantum
It has been reported in the news recently that the Road Haulage Association has brought a claim in the Competition Appeal Tribunal on behalf of road hauliers overcharged when they bought or leased trucks from certain major European truck manufacturers. They are seeking compensation in excess of £6,000 per truck and it is estimated that […]
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AvMA’s Christmas Drinks Reception
AvMA’s Christmas Drinks Reception will take place on the evening of Friday 30 November and provides an excellent opportunity to catch up with friends, contacts and colleagues for some early festive cheer! The cost to attend is £55 + VAT per person, which will include three complimentary drinks (beer, wine or soft drink) and bowl […]
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Group litigation – the reality, the practicalities and what you need to succeed
Group litigation and Litigation Insurance – the reality, the practicalities and what you need to succeed Group litigation invariably involves individuals pooling their resources against a large plc or other such corporate entity. They are joined together by the common cause of “righting the wrong” they have suffered and their hope that Lady Justice will […]
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2018 APIL Clinical Negligence conference – what were the hot topics for litigators?
Funding, fixed fees, delegation, mediation and costs delays were on delegate’s minds in a very busy two days at the conference. Below is a summary of the numerous discussions we had at the conference. The importance of funding – the strongest level of interest and feedback was regarding funding – definitely a current driver for […]
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Recoverability; as relevant now as it’s always been
By David Pipkin – Director, Underwriting Division. Here we publish one part of our response to the MoJ consultation on the LASPO review Part 2. This extract focuses on the need to preserve the partial recovery of ATE insurance premiums for clinical negligence claims. It seeks to counter the view from certain quarters that perceives […]
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Even if costs exceed damages, they can still be proportionate
By David Chase, Senior Underwriter. Two judgments in the phone hacking litigation handed down in June and August 2018 have been of particular interest to us of late, namely ‘Various Claimants in Waves 1 and 2 of the Mirror Newspapers Hacking Litigation vs MGN Limited, Case No: AGS/1600058’. The five factors that Master Gordon-Saker had […]
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Can litigation and arbitration comfortably co-exist? We think so.
By David Chase, Senior Underwriter. There are those who might say that arbitration is to be preferred because commercial litigation is time-consuming and expensive. Practitioners have become increasingly interested in Alternative Dispute Resolution (ADR) since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into force, for the purposes of settling commercial […]
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Mediation for Clinical Negligence claims – An ATE Underwriter’s perspective
By David Pipkin – Director, Underwriting Division. Mediation for clinical negligence claims has featured regularly and there seems to be a momentum from both sides – perhaps more so from NHS Resolution – to promote it as part of the mainstream menu offered by litigators. Below is an in-depth look at these developments, viewpoints and some […]
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