Is disbursement funding interest recoverable
By Matthew Best, Underwriting Manager In this article Matthew takes a look at the latest position in relation to this hot topic. The current defendant stance is that interest incurred on loans taken out to pay for disbursements should not be recoverable inter-partes. What case law is currently out there? The Court of Appeal in […]
Read moreFixed costs, recoverability and the MoJ reforms – life at the sharp end of the debate
Temple are pleased once again to be exhibiting at the SCIL conference in Birmingham. If you or a colleague is attending, I hope you will find some time to come a talk to us on our exhibition stand about some of the current issues facing clinical negligence lawyers. Here’s our view on some topical subjects […]
Read moreCFA 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 […]
Read more2018 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 […]
Read moreAre the NHS, BMA and NAO guilty of making misleading clinical negligence claims?
The NHS, supported by the British Medical Association (BMA) amongst others have made strong claims in a letter to the Justice Secretary that the legal costs of clinical negligence claims are crippling the NHS. Similar comments were made by the National Audit Office (NAO) in September last year and yet the case doesn’t hold water. […]
Read moreCuts to Legal Aid enforce the need for ATE Insurance
A report by Amnesty International calls for an urgent review of funding restrictions that are leaving the most vulnerable without vital support. Cuts to legal aid are far worse than anticipated and are creating a “two-tier” system which denies the poorest people access to justice, warns the critical report by Amnesty. Temple Legal Protection supports […]
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