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‘Really quite interesting? What’s caught our eye’ – recent articles of interest.

A businessman reading a newspaper

By Matthew Best, Director – ATE Partnerships, Head of Personal Injury & Clinical Negligence

Estimated Reading Time – 1 minutes 30 seconds

The NHS, health tech and legal risk – we need to talk (5 Sept)
https://www.legalfutures.co.uk/blog/the-nhs-healthtech-and-legal-risk-we-need-to-talk

From data privacy to AI-driven diagnostics, this article highlights how innovation can quickly become exposure if oversight lags behind. A thought-provoking read for practitioners and those advising healthcare providers.

NHS Resolution to launch neutral evaluation scheme   (1 Sept)
https://www.legalfutures.co.uk/latest-news/nhs-resolution-to-launch-neutral-evaluation-scheme

Is NHS Resolution seeking alternatives to drawn-out litigation? A neutral evaluation scheme could offer a pragmatic way to resolve claims earlier, saving both costs and distress. Its success will depend on how independent and transparent the process proves in practice.

Average settlement time in whiplash portal shoots up to 609 days (14 July)
https://www.legalfutures.co.uk/latest-news/average-settlement-time-in-whiplash-portal-shoots-up-to-609-days

This is astonishing. Whiplash portal cases are taking longer to settle than most!

After the event insurance premium allowed in Morrisons’ claim (7 July)
https://www.insurancebusinessmag.com/uk/news/legal-insights/after-the-event-insurance-premium-allowed-in-morrisons-claim-541630.aspx

It is refreshing to see an ATE premiums being deducted for the risk the insurer took.

Court restores firm’s 50% damages deduction (2 July)
https://www.lawgazette.co.uk/news/court-restores-frms-50-damages-deduction/5123761.article

An interesting article this. You could argue about a high premium, but if Morrisons defended, how much was spent on disbursements, that the client would have been liable for? People who say ATE wasn’t justified clearly do not understand it.

Annual clinical negligence costs soar past £3bn  (18 July)
https://www.lawgazette.co.uk/news/annual-clinical-negligence-costs-soar-past-3bn/5123965.article

If the opponent admitted early in cases that were indefensible, costs would substantially reduce. Also, experts’ fees have also exponentially increased over the last few years.

 Judge criticises NHS trust for not explaining why it ignored ADR bid  (27 June)
https://www.legalfutures.co.uk/latest-news/judge-criticises-nhs-trust-for-not-explaining-why-it-ignored-adr-bid

The court’s comments underline how risky it is for NHS trusts to dismiss ADR without explanation. Refusing reasonable settlement avenues can have consequences when costs are assessed. For claimants, the message is clear – keep pressing for ADR where appropriate, as courts are increasingly supportive.

Staff Photo of Matthew Best

Matthew Best Cert CII

Head of Personal Injury & Clinical Negligence
Read articles by Matthew Best Cert CII

Matthew Best Cert CII

Matt has an insurance background and joined Temple in 2011 having worked for 4 years in a leading insurance company where he was dealing with personal injury work. Matthew was promoted to Underwriting Manager and subsequently Senior Underwriting Manager taking on overall responsibility for Temple’s personal injury and clinical negligence underwriting department.

In 2022 Matt joined the board of directors as Director of ATE Partnerships. Matthew has cultivated fantastic relationships with our business partners for many years. His ability to build a clear understanding of their requirements and more importantly what is required to fulfil such requirements means he is ideally placed to support the strategic direction of the company.

Matt remains the head of the personal injury and clinical negligence department and is committed to all Temple’s business partners in order to deliver the highest level of service they expect. He is also responsible in making sure that Temple’s ATE and disbursement funding products remain competitive, but most importantly that they are fit for purpose for solicitors and their clients.

 

Read articles by Matthew Best Cert CII