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 […]
Read moreEven 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 […]
Read moreCan 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 […]
Read moreMediation 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 […]
Read moreThe due diligence needed when choosing ATE insurance and funding providers
What risks are you prepared to take? Litigation funding and ATE insurance providers are pooling their resources in order to provide litigation ‘solutions’. This is leading to increased choice; but has made comparing them on a like-for-like basis more difficult in terms of the necessary due diligence required. As a consequence, there are risks that […]
Read moreSean Fayle joins Temple Legal Protection as Senior Underwriting Manager
Specialist legal expenses insurer Temple Legal Protection is delighted to announce Sean Fayle has joined the business as a Senior Underwriting Manager. Sean has worked in the legal expenses insurance industry for over 20 years and brings to the Temple Legal Protection team a wealth of experience as well as a commitment to the highest […]
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