# Temple --- ## Pages - [Amplify](https://www.temple-legal.co.uk/amplify/): Temple is proud to offer Amplify – our new “all-inclusive” ATE insurance product with instant access to up to £250,000 of cover per policy... - [25th Anniversary](https://www.temple-legal.co.uk/25th-anniversary/): Temple Legal Protection opened for business in 1999, the same year as the Access to Justice Act replaced the legal aid system. - [Temple Case Checker](https://www.temple-legal.co.uk/solicitors/commercial-ate/temple-case-checker/): The Temple Case Checker (TCC) is a fast, free to use, no commitment service for commercial litigators considering ATE insurance. - [Wrongful birth cases](https://www.temple-legal.co.uk/wrongful-birth-cases/): We can assist with wrongful birth cases, where parents now have a child which was unplanned and feel that they should be compensated. - [Military Injury Claims](https://www.temple-legal.co.uk/military-injury-claims/): Temple’s ATE insurance scheme gives full delegated authority for a wide variety of military-related cases. - [Our Partners](https://www.temple-legal.co.uk/about-us/our-partners/): Temple has a partnership approach to business and is committed to developing sustainable, and mutually beneficial relationships. - [ATE Product Range](https://www.temple-legal.co.uk/solicitors/commercial-ate/ate-product-range/): Commercial ATE insurance cover options - Espresso, Concierge and Solo – Temple’s three new ways to access ATE cover. - [Espresso Litigation Insurance](https://www.temple-legal.co.uk/espresso-litigation-insurance/): Save time and cost with a litigation insurance scheme for all your clients’ commercial disputes that gives the security you’d expect from us. - [Case Studies](https://www.temple-legal.co.uk/insurance-brokers/case-studies/): Take a look through some of our Legal Expenses Insurance insurance case studies. - [Nursing Care and Care Home](https://www.temple-legal.co.uk/nursing-care-and-care-home/): After-The-Event insurance for Nursing Care and Care Home Claims. Full delegated authority for a wide variety of case types. - [Newsletters](https://www.temple-legal.co.uk/news/newsletters/): Our newsletters are published quarterly and provide solicitor updates on litigation insurance and funding from Temple Legal Protection - [Surgical Negligence Cases](https://www.temple-legal.co.uk/surgical-negligence-cases/): Surgical negligence is one of the most common areas that Temple insures. We have a deep understanding of the risks these cases present. - [Webinars](https://www.temple-legal.co.uk/news/webinars/): Watch the latest webinars on industry related topics from Temple Legal Protection - [Areas we cover](https://www.temple-legal.co.uk/trade-associates-affinity-groups/areas-we-cover/): Temple can offer legal protection insurance for a wide range of niche affinity groups, hobbyists and enthusiasts including... - [Regulated Industries](https://www.temple-legal.co.uk/regulated-industries/): We are a ‘Go To’ provider of legal expenses insurance to regulatory bodies. Temple are proud to offer market-leading legal expenses insurance - [Sports and Fitness](https://www.temple-legal.co.uk/sports-and-fitness/): Expertise in protecting sport and fitness coaches, activity leaders, local clubs and their members in the amateur sports and fitness industry. - [Commerce/Retail](https://www.temple-legal.co.uk/commerce-retail/): Legal expenses insurance for commercial and retail enterprises across the UK.We have over 20 years’ experience of providing this cover. - [Care establishments](https://www.temple-legal.co.uk/care-establishments/): The care sector is a vital part of the UK social infrastructure. Temple offer legal expenses insurance protection for care establishments. - [Educational establishments](https://www.temple-legal.co.uk/education-establishments/): We have an extensive knowledge of the education sector. This includes providing scheme insurance cover for education establishments - [Niche affinity groups and hobbyists](https://www.temple-legal.co.uk/niche-affinity-groups-and-hobbyists/): Temple can offer a wide range of legal protection insurance for niche affinity groups, hobbyists and enthusiasts. - [Dental Negligence](https://www.temple-legal.co.uk/dental-negligence/): Dental negligence covers any type of injury that has been directly caused, made worse or overlooked by a dental health professional. - [Cosmetic Surgery Claims](https://www.temple-legal.co.uk/cosmetic-surgery-claims/): Our delegated authority scheme allows cosmetic surgery claims to be insured in the same way as other types of clinical negligence. - [ATE insurance](https://www.temple-legal.co.uk/ate-insurance/): Our ATE insurance products are widely used by leading law firms and brokers in order to help reduce the financial risks in litigation. - [BTE insurance](https://www.temple-legal.co.uk/bte-insurance/): Our BTE insurance products will help both individuals and businesses reduce their financial risks in litigation. - [Arbitrate](https://www.temple-legal.co.uk/arbitrate-ate/): Our Arbitrate Litigation Insurance provides cover against the risk that if you are unsuccessful in an arbitration... - [Pregnancy and Birth Injury cases](https://www.temple-legal.co.uk/pregnancy-and-birth-injury-cases/): Temple Legal Protection has a wealth of experience insuring pregnancy and birth Injury cases. Invariably these are high value cases... - [Construction Disputes](https://www.temple-legal.co.uk/construction-disputes/): Temple have developed a Construction Disputes insurance product to assist insolvent referring parties in enforcing adjudicator’s decisions. - [ATE Insurance for Northern Ireland](https://www.temple-legal.co.uk/solicitors/litigation-insurance-for-northern-ireland/): Litigation insurance for Northern Ireland. An underwriting process that understands and responds to the needs of local practitioners. - [Optician’s Negligence](https://www.temple-legal.co.uk/opticians-negligence/): Optician’s negligence can take many forms - whether it be failure or delay in diagnosis, failure to refer, failure to treat ... - [Alternative Dispute Resolution (ADR)](https://www.temple-legal.co.uk/solicitors/alternative-dispute-resolution-adr/): Alternative Dispute Resolution (ADR) is the procedure for settling disputes without litigation. Including arbitration, mediation, adjudication ... - [Prescription and Medication Claims](https://www.temple-legal.co.uk/prescription-and-medication-claims/): Clinical negligence cases for mistakes when prescribing medication and completing prescription forms can be complex. This is often in relation to causation. - [Delayed diagnosis /misdiagnosis cases](https://www.temple-legal.co.uk/delayed-diagnosis-misdiagnosis-cases/): Clinical negligence cases involving a misdiagnosis or delay in diagnosis can be complex. Let Temple take the stress out of pursuing these cases. - [What is after the event insurance?](https://www.temple-legal.co.uk/solicitors/what-is-after-the-event-insurance/): After The Event insurance (ATE’ insurance) often referred to as litigation insurance is a bespoke policy put in place once a legal dispute... - [Disbursement Funding Calculator](https://www.temple-legal.co.uk/solicitors/funding/litigation-funding-calculator/): Litigation funding with Temple Legal Protection. Give your clients a head start with some of the most competitive rates in the market. - [Case Studies](https://www.temple-legal.co.uk/solicitors/clinical-negligence-ate/case-studies/): Take a look through some of our Clinical Negligence ATE insurance case studies. - [Case Studies](https://www.temple-legal.co.uk/solicitors/personal-injury-ate/case-studies/): Take a look through some of our personal injusry ATE insurance case studies - [Case Studies](https://www.temple-legal.co.uk/solicitors/commercial-ate/case-studies/): Take a look through some of our commercial litigation insurance case studies. - [Why work with Temple Legal Protection?](https://www.temple-legal.co.uk/solicitors/work-temple-legal-protection/): Are you looking for a market leading legal expenses insurer? We can remove the financial barriers of litigation and help you win more clients. - [Tax Investigation Insurance](https://www.temple-legal.co.uk/insurance-brokers/temple-tax-advantage/): Looking for tax investigation insurance? A crucial part of a commercial insurance portfolio; we offer full cover against the cost of HMRC investigations - [Family Legal Advantage](https://www.temple-legal.co.uk/insurance-brokers/family-legal-advantage/): Looking for add-ons for client's household insurance? Our full range of broker add-ons for Household portfolios includes Family Legal Expenses insurance. - [Home Emergency Assistance](https://www.temple-legal.co.uk/home-emergency-assistance/): Bolt-ons for household insurance portfolios. We offer a wide selection of broker bolt-ons for Household portfolios including Home Emergency insurance - [Motor Breakdown Assistance](https://www.temple-legal.co.uk/motor-breakdown-assistance/): Broker additional household cover options. Our range of additional cover options for your household portfolio includes specialist Motor breakdown insurance - [Motor Legal Advantage](https://www.temple-legal.co.uk/motor-legal-advantage/): Motor legal expenses insurance seamlessly added to your client's portfolio. Cover uninsured loss, replacement vehicle hire, legal defense for prosecutions - [Employment Disputes Insurance](https://www.temple-legal.co.uk/insurance-brokers/employment-disputes-insurance/): Do you have employment disputes insurance? With a large rise in the number of employment dispute claims businesses should take steps to protect themselves. - [Our Insurance Partner](https://www.temple-legal.co.uk/about-us/our-insurance-partner/): Temple Legal Protection partners with RSA. All our insurance products are backed by Royal & Sun Alliance. - [Corporate Responsibility](https://www.temple-legal.co.uk/about-us/corporate-responsibility-policy/): We developed our professional reputation according to a strict code of ethics and values. Our corporate responsibility policy reflects that. Find out how. - [Why use Temple Legal Protection?](https://www.temple-legal.co.uk/accountants/use-temple-legal-protection/): We've been providing comprehensive litigation insurance for accountants since 1998 and understand your priority is to protect clients' financial interests - [Key Contacts](https://www.temple-legal.co.uk/accountants/key-contacts/): Our specialist accountant's underwriting team are qualified insurance experts with a key understanding of your industry and able to make swift decisions - [Why work with us?](https://www.temple-legal.co.uk/solicitors/commercial-ate/why-work-with-us/): After the event (ATE) insurance for commercial disputes - why use us? We have 20 years’ experience protecting your commercial clients from the risks of litigation - [Disbursement Funding](https://www.temple-legal.co.uk/solicitors/funding/): Looking for FCA regulated litigation funding? We offer fully FCA regulated disbursement funding with competitive interest rates - [Testimonials](https://www.temple-legal.co.uk/solicitors/commercial-ate/testimonials/): Litigation insurance for commercial disputes from Temple is chosen by leading law firms. Their testimonials show why we are their provider of choice. - [FAQ's](https://www.temple-legal.co.uk/solicitors/commercial-ate/faqs/): Got a question about litigation insurance for a commercial dispute? Temple Legal Protection is a leading provider of this cover - take a look at our FAQs - [Key Contacts](https://www.temple-legal.co.uk/solicitors/commercial-ate/key-contacts/): Looking for specialist commercial underwriters? We understand the challenges law firms face with commercial litigation. Meet our commercial team. - [Case Types](https://www.temple-legal.co.uk/solicitors/clinical-negligence-ate/case-types/): We provide ATE insurance for clinical negligence claims of all types. We have 20 years' experience of the entire range of clinical negligence claims. - [Why work with us?](https://www.temple-legal.co.uk/solicitors/clinical-negligence-ate/use-temple-legal-protection/): ATE insurance for clinical negligence - why use Temple Legal Protection? Our underwriters have worked with UK lawyers for 20 years to protect claimants from the risks of litigation - [Testimonials](https://www.temple-legal.co.uk/solicitors/clinical-negligence-ate/testimonials/): Clinical negligence ATE insurance from Temple Legal Protection is chosen by leading law firms. Their testimonials show why we are their provider of choice - [FAQ's](https://www.temple-legal.co.uk/solicitors/clinical-negligence-ate/faqs/): Questions about ATE insurance for clinical negligence? Temple Legal are a leading provider of this cover. Read our FAQs to find out more - [Key Contacts](https://www.temple-legal.co.uk/solicitors/clinical-negligence-ate/key-contacts/): Our clinical negligence ATE insurance underwriters have a deep understanding of the challenges law firms face. Meet our specialist underwriting team - [Claim Types](https://www.temple-legal.co.uk/solicitors/personal-injury-ate/claim-types/): We provide ATE insurance for personal injury claims of all types. We have 20 years' experience across the entire range of personal injury claim types. - [Why work with us?](https://www.temple-legal.co.uk/solicitors/personal-injury-ate/why-work-with-us/): ATE insurance for personal injury - why use Temple Legal Protection? Our underwriters have worked with UK lawyers to protect claimants for 20 years - [Testimonials](https://www.temple-legal.co.uk/solicitors/personal-injury-ate/testimonials/): Personal Injury ATE insurance from Temple Legal Protection is chosen by leading law firms. Their testimonials show why we are their provider of choice - [FAQ's](https://www.temple-legal.co.uk/solicitors/personal-injury-ate/faqs/): Have a question about ATE insurance for personal injury? Temple Legal Protection are a leading provider of this cover. Read our FAQs to find out more - [Key Contacts](https://www.temple-legal.co.uk/solicitors/personal-injury-ate/key-contacts/): Our personal injury ATE insurance underwriters have a deep understanding of the challenges law firms face. Meet our specialist underwriting team - [Promoting the service to your clients](https://www.temple-legal.co.uk/solicitors/employment-disputes-schemes/promoting-service-clients/): Need help promoting an employment support scheme? Our insurance-backed service with delegated authority is an alternative to traditional hourly billing. - [How to price](https://www.temple-legal.co.uk/solicitors/employment-disputes-schemes/how-to-price/): How to price an insurance backed employment support scheme? We can provide you with recommended prices for the three main elements most law firms use. - [Why work with us?](https://www.temple-legal.co.uk/solicitors/employment-disputes-schemes/why-work-with-us/): Why use an employment support scheme? We offer law firms the best premiums, highest limits of indemnity, dedicated scheme manager and exceptional service - [Commercial Legal Expenses Insurance](https://www.temple-legal.co.uk/insurance-brokers/commercial-legal-expenses-insurance/): Looking for comprehensive commercial legal expenses insurance? Our protection is one of the widest. Comprehensive cover against unexpected legal costs. - [Landlord's Legal Expenses Insurance](https://www.temple-legal.co.uk/insurance-brokers/landlords-legal-advantage/): Looking for comprehensive landlords insurance cover? Our Landlords Legal Advantage product provides you some of the most flexible level of cover available - [Loss Adjust Advantage](https://www.temple-legal.co.uk/insurance-brokers/loss-adjust-advantage/): Even if your business is insured you're still at risk! Get professionally represented when making a claim; our loss adjust advantage policy has it covered - [Other areas of cover](https://www.temple-legal.co.uk/insurance-brokers/other-areas-of-cover/): Looking for added value for your clients? Our litigation insurance delivers added value for our broker clients; we want to develop new products with you. - [Key Contacts](https://www.temple-legal.co.uk/insurance-brokers/key-contacts/): Our specialist insurance broker underwriting team have a deep understanding of your industry and ability to make swift decisions. Meet our specialist team - [Temple Tax Advantage](https://www.temple-legal.co.uk/accountants/temple-tax-advantage/): Protect your clients from expensive HMRC investigations. Our Tax Investigation Insurance mitigates the risk. Save your client £'000s in unexpected costs. - [Employment Disputes Insurance](https://www.temple-legal.co.uk/accountants/employment-disputes-insurance/): Looking to protect your clients from litigation expenses? Our employer protection insurance works for accountancy clients by providing risk mitigation - [Personal Injury ATE](https://www.temple-legal.co.uk/solicitors/personal-injury-ate/): ATE insurance for all types of personal injury claim. We have 20 years' experience protecting lawyer's clients from the financial risks of litigation. - [Employment Disputes Schemes](https://www.temple-legal.co.uk/solicitors/employment-disputes-schemes/): With tribunal fees eliminated, an insurance-backed employment dispute service is vital. Ours will help you remain not just in business, but competitive. - [Delegated Authority](https://www.temple-legal.co.uk/solicitors/delegated-authority/): Need help with delegated authority insurance? For 20 years we've helped lawyers give their clients total peace of mind. Incept policies in just 5 minutes - [Case Types](https://www.temple-legal.co.uk/solicitors/commercial-ate/case-types/): Litigation insurance for all types of commercial claims for claimants & defendants. Our underwriters have 20 years' experience insuring commercial disputes - [Home](https://www.temple-legal.co.uk/): Legal expenses insurance, helping solicitors reduce client risk & increase fee earning. After/Before The Event (ATE/BTE) litigation insurance - [News](https://www.temple-legal.co.uk/news/): Looking for latest legal expenses insurance and litigation funding industry news? We have been a reputable voice at the heart of the sector for 20 years - [About Us](https://www.temple-legal.co.uk/about-us/): We provide legal expenses insurance on After The Event (ATE) and Before The Event (BTE) cases and can also offer litigation funding. Read more about us. - [Our People](https://www.temple-legal.co.uk/about-us/our-people/): We believe that having the right team with relevant expertise and client service focus is essential. Meet our people - a specialist team of professionals - [Events](https://www.temple-legal.co.uk/about-us/events/): Looking to find us away from the office? We regularly attend events and seminars in addition to the ones we run ourselves. Please do come and meet with us - [Careers](https://www.temple-legal.co.uk/careers/): Customer service is important, but we live by that principle. We believe in our team, invest and help them to build them long-term careers with us. - [Contact Us](https://www.temple-legal.co.uk/contact-us/): Have an enquiry about legal expenses insurance or litigation funding? Contact us today! We have a head office in Guildford and a regional office in Bristol. - [Site map](https://www.temple-legal.co.uk/site-map/): Site Map for Temple Legal Protection - [Solicitors](https://www.temple-legal.co.uk/solicitors/): Litigation Insurance for solicitors. Our products are designed to help law firms provide their clients with unrivaled access to justice. - [Insurance Brokers](https://www.temple-legal.co.uk/insurance-brokers/): Retain clients and win new business. Our bespoke schemes and standalone products enable you to offer the most comprehensive commercial insurance cover. - [In-house Counsel](https://www.temple-legal.co.uk/in-house-counsel/): Corporations can turn liabilities to assets with corporate litigation insurance and funding. Our products and services respond to your unique requirements - [Accountants](https://www.temple-legal.co.uk/accountants/): Looking to add value for your clients? Any business in a legal dispute is likely to spend a lot. We help shift the litigation risk from their balance sheet - [Insurance Companies & Lloyd's Syndicates](https://www.temple-legal.co.uk/insurance-companies-lloyds-syndicates/): Insurance companies and syndicates - our legal expenses insurance experts can analyse your account and ensure you offer all suitable bolt-ons to clients - [Trade Associations & Affinity Groups](https://www.temple-legal.co.uk/trade-associates-affinity-groups/): Are you an association of trade and industry or special interest group? We are the experts for trade associate and affinity group legal expenses insurance - [Commercial ATE](https://www.temple-legal.co.uk/solicitors/commercial-ate/): We provide litigation insurance for commercial disputes. 20 years protecting law firms' business clients from the risks of litigation - for all types of commercial claims - [Clinical Negligence ATE](https://www.temple-legal.co.uk/solicitors/clinical-negligence-ate/): ATE insurance for Clinical negligence. We have 20 years' experience protecting lawyer's clients from the financial risks of litigation. --- ## Posts - [Temple signs up to Queen Elizabeth Foundation Team 90 Challenge](https://www.temple-legal.co.uk/news/temple-signs-up-to-queen-elizabeth-foundation-team-90-challenge/): Imagine a world where everyone, regardless of their physical or neurological challenges, has the opportunity to live a fulfilling and... - [Contentious probate claims on the rise – where does ATE insurance fit in?](https://www.temple-legal.co.uk/news/contentious-probate-claims-on-the-rise-where-does-ate-insurance-fit-in/): By Jamela Collins, Technical Underwriting Manager Estimated reading time – 3 minutes 3 seconds A steady rise in contentious trusts... - [ATE in Action Case Study: Dispute over final wishes in contested Will](https://www.temple-legal.co.uk/news/ate-in-action-case-study-dispute-over-final-wishes-in-contested-will/): By Jamela Collins, Technical Underwriting Manager Estimated reading time – 4 minutes 10 seconds The case concerns a handwritten Will... - [ATE insurance in action: Personal injury secondary victim claim: Ms X v Mr X](https://www.temple-legal.co.uk/news/ate-insurance-in-action-personal-injury-secondary-victim-claim-ms-x-v-mr-x/): This case involves a secondary victim claim following a fatal road traffic accident, where the claimant suffered psychiatric injury after... - [Risk Assessment: An ATE Insurer’s Perspective](https://www.temple-legal.co.uk/news/risk-assessment-an-ate-insurers-perspective/): This article provides an overview of the importance of risk assessments in personal injury and clinical negligence claims, from the.... - [Retrospective CFAs: guidance from the Court of Appeal](https://www.temple-legal.co.uk/news/retrospective-cfas-guidance-from-the-court-of-appeal/): This case study examines the Court of Appeal’s decision in Singh & Ors v Ingram [2025], which considered whether a Conditional Fee.... - [My Whole Self’: Mental Health First Aid England’s campaign for workplace culture change.](https://www.temple-legal.co.uk/news/my-whole-self-mental-health-first-aid-englands-campaign-for-workplace-culture-change/): This year, Mental Health First Aid (MHFA) England launched a new initiative called ‘My Whole Self’, which is a campaign for workplace.... - [‘Really Quite Interesting?'](https://www.temple-legal.co.uk/news/really-quite-interesting-2/): This article provides an insight as to the required close examination of specific contractual terms for private hospital operators when.... - [Clinical negligence birth injury claim: Master X v NHS Trust](https://www.temple-legal.co.uk/news/ate-insurance-in-action-case-studies/): This case concerns a clinical negligence claim arising from a birth injury where liability has been largely admitted. Temple has provided.... - [Out and About in Spring 2025](https://www.temple-legal.co.uk/news/out-and-about-where-were-at-in-2025/): On the 19th March, John Durbin and Lisa Fricker headed south to Bournemouth to exhibit at AVMA’s 35th Annual Clinical Negligence Conference... - [ATE insurance in action: An unintended ‘lock-in’, bilateral compartment syndrome and emergency fasciotomies](https://www.temple-legal.co.uk/news/ate-insurance-in-action-an-unintended-lock-in-bilateral-compartment-syndrome-and-emergency-fasciotomies/): By Morag Lewis, Senior Underwriter Estimated Reading Time – 2 minutes 12 seconds The claimant had been drinking alcohol while... - [A historic phone hacking settlement and Temple’s role in securing justice](https://www.temple-legal.co.uk/news/a-historic-phone-hacking-settlement-and-temples-role-in-securing-justice/): On 24 January 2025, the historic settlement in the long-running phone hacking litigation against News Group Newspapers (NGN)... - [Really Quite Interesting?](https://www.temple-legal.co.uk/news/really-quite-interesting/): What’s caught our eye recently in the legal press By Oliver White, Underwriter Estimated Reading Time – 5 minutes 24... - [Artificial Intelligence and the Real Thing - AI and ATE Underwriting](https://www.temple-legal.co.uk/news/artificial-intelligence-and-the-real-thing-ai-and-ate-underwriting/): Temple, along with many other businesses, is starting to explore ways in which AI can support the work we do. I have already started to... - [Medical Reports Fee Breakdown - JXX v Archibald [2025] EWHC 69 (SCCO): What are the likely implications arising from this case?](https://www.temple-legal.co.uk/news/medical-reports-fee-breakdown/): Over the years changes have been made by way of fixed recoverable costs. This is mainly the case in low value personal injury claims since.. - [NHS League Tables and Clinical Negligence Claims](https://www.temple-legal.co.uk/news/nhs-league-tables-and-clinical-negligence-claims/): By Matthew Best, Director – ATE Partnerships, Head of Personal Injury & Clinical Negligence (Estimated reading time: 2 minutes 43... - [The Renters’ Rights Bill: A guide for landlords](https://www.temple-legal.co.uk/news/the-renters-rights-bill-a-comprehensive-overview-of-new-protections-and-regulations-for-tenants-and-landlords/): The Renters' Rights Bill aims to protect tenants from unfair treatment, while providing clearer regulations that safeguard landlords... - [Historic Phone Hacking Settlement](https://www.temple-legal.co.uk/news/historic-phone-hacking-settlement-temple-legal-protection-congratulates-legal-teams-and-highlights-role-of-ate-insurance-in-securing-justice/): Temple Legal Protection Congratulates Legal Teams and Highlights Role of ATE Insurance in Securing Justice - [Merry Christmas and a Happy New Year from everyone at Temple Legal Protection](https://www.temple-legal.co.uk/news/%f0%9d%97%a0%f0%9d%97%b2%f0%9d%97%bf%f0%9d%97%bf%f0%9d%98%86-%f0%9d%97%96%f0%9d%97%b5%f0%9d%97%bf%f0%9d%97%b6%f0%9d%98%80%f0%9d%98%81%f0%9d%97%ba%f0%9d%97%ae%f0%9d%98%80-%f0%9d%97%ae%f0%9d%97%bb/): In 2024, we proudly celebrated a significant milestone – the 25th anniversary of Temple Legal Protection. This year, we’ve hosted... - [The Future of Clinical Negligence Claims in 2025](https://www.temple-legal.co.uk/news/the-future-of-clinical-negligence-claims-in-2025/): As we approach the end of 2024, the clinical negligence sector continues to be influenced by potential legislative changes, government... - [New to ATE insurance for media and defamation cases? Start here.](https://www.temple-legal.co.uk/news/new-to-ate-insurance-for-media-and-defamation-cases-start-here/): For both claimants and defendants, running a defamation case can be a daunting prospect. The overall legal costs will often outweigh... - [The Unsung Hero? ATE insurance for your Professional Negligence Cases](https://www.temple-legal.co.uk/news/the-unsung-hero-ate-insurance-for-your-professional-negligence-cases/): Professional negligence claims span a broad spectrum of industries, but they share some common traits: they are often complex, costly, and... - [NHS Reform and Clinical Negligence: What Lord Darzi's Review Means for Claimant Solicitors and Stakeholders](https://www.temple-legal.co.uk/news/nhs-reform-and-clinical-negligence-what-lord-darzis-review-means-for-claimant-solicitors-and-stakeholders/): It seems like a balanced report but dig deeper and you'll notice it paints a worrying picture for stakeholders in the UK clinical negligence sector - [Clinical Negligence Claims Agreement](https://www.temple-legal.co.uk/news/clinical-negligence-claims-agreement/): The Clinical Negligence Claims Agreement ("CNCA") has come into effect as of 26 August 2024. It supersedes the earlier Covid-19 Clinical... - [Celebrating 25 Years of Partnership - Video Testimonial](https://www.temple-legal.co.uk/news/celebrating-25-years-of-partnership-video-testimonial/): As part of our 25th anniversary celebrations we’ve been in touch with some of our longstanding coverholders to find out what we do that - [The New UK Labour Government: Implications for Clinical Negligence Claims](https://www.temple-legal.co.uk/news/the-new-uk-labour-government-implications-for-clinical-negligence-claims/): In the spirit of a new government and in the interests of full disclosure - this article includes some AI-generated research content... - [Northern Ireland update: an overwhelmingly positive reception](https://www.temple-legal.co.uk/news/northern-ireland-update-an-overwhelmingly-positive-reception/): In May, we returned to Northern Ireland to share our new ATE and disbursement funding offering and it received a positive reception. - [Queen Elizabeth’s Foundation for Disabled People: New Legal Information Service](https://www.temple-legal.co.uk/news/queen-elizabeths-foundation-for-disabled-people-new-legal-information-service/): Our long-term charity partner, QEF provides a range of expert services that enable disabled children and adults to achieve their potential... - [Expect the expected: more Fixed Recoverable Costs delays](https://www.temple-legal.co.uk/news/expect-the-expected-more-fixed-recoverable-costs-delays/): It would hardly come as a surprise to most that the introduction of fixed recoverable costs to low value clinical negligence claims is... - [Court of Appeal rules 'click-wrap' was enough to incorporate T&Cs into a contract for goods or services made online](https://www.temple-legal.co.uk/news/court-of-appeal-rules-click-wrap-was-enough-to-incorporate-tcs-into-a-contract-for-goods-or-services-made-online/): A recent ruling has highlighted that T&Cs don't have to actually be read by a customer, as long as they can easily access them and are... - [A Celebration in the Heart of the City](https://www.temple-legal.co.uk/news/a-celebration-in-the-heart-of-the-city/): We were thrilled recently to celebrate a momentous occasion in our company’s history. To commemorate our 25th anniversary. - [ATE in Action: Property Litigation Case Study](https://www.temple-legal.co.uk/news/ate-in-action-property-litigation-case-study/): A homeowner wanted to bring an action against a large property developer claiming charges for the maintenance and upkeep of a public open... - [The Menopause and the Workplace - Why You Should Take It Seriously](https://www.temple-legal.co.uk/news/the-menopause-and-the-workplace-why-you-should-take-it-seriously/): Over 50% of women with menopause symptoms are negatively affected by them at work. Many even leave their jobs as a result. - [ATE in Action: New Insolvency Case Study: Misfeasance](https://www.temple-legal.co.uk/news/ate-in-action-new-insolvency-case-study-misfeasance/): Temple was approached directly by an Insolvency Practitioner (IP) to provide After the Event Insurance in a case where the IP was... - [QEF Challenge Events](https://www.temple-legal.co.uk/news/qef-challenge-events/): Our long-term charity partner, Queen Elizabeth’s Foundation for Disabled People (QEF) has several fundraising events that you and your teams - [Cauda Equina Champions Charity - CES Workshops](https://www.temple-legal.co.uk/news/cauda-equina-champions-charity-ces-workshops/): Following the success of their first ever workshops for sufferers of Cauda Equina Syndrome, CES Champions are hosting 4 more workshops... - [The Supreme Court’s decision in Paul, Polmear, and Purchase – what are the implications?](https://www.temple-legal.co.uk/news/the-supreme-courts-decision-in-paul-polmear-and-purchase-what-are-the-implications/): The Supreme Court concluded that “…unless the exception defined by the Alcock line of authority is to become the general rule, a line must... - [Fixed Recoverable Costs for lower value - clinical negligence claims – implementation delay update](https://www.temple-legal.co.uk/news/fixed-recoverable-costs-for-lower-value-clinical-negligence-claims-implementation-delay-update/): Temple had already reported in December 2023 that the supplementary consultation on disbursements was taking place with a closing date... - [Did you tell us what you think?](https://www.temple-legal.co.uk/news/did-you-tell-us-what-you-think-2/): At Temple we are constantly striving to improve on our market leading products and services. With this in mind, at the beginning of 2024... - [Montgomery – Watered Down?](https://www.temple-legal.co.uk/news/montgomery-watered-down-for-practitioners-in-scotland-england-and-wales/): On 12 July 2023, the Supreme Court confirmed in the Scottish case below that the assessment of whether a possible treatment option is... - [Litigation Funding – Government to reverse decision in PACCAR](https://www.temple-legal.co.uk/news/litigation-funding-government-to-reverse-decision-in-paccar/): On the 4th of March the Rt. Hon. Alex Chalk MP, the Lord Chancellor and Secretary State for Justice, made a statement in the House of Commons - [Insolvency Law: Once upon a time there was a company…](https://www.temple-legal.co.uk/news/insolvency-law-once-upon-a-time-there-was-a-company/): It is no surprise that during the life of a company all appears to work well and in most cases without a glitch. However those assigned to... - [Energised or Bowled Over? Claims for Undisclosed Commission in the Business Energy Sector](https://www.temple-legal.co.uk/news/energised-or-bowled-over-claims-for-undisclosed-commission-in-the-business-energy-sector/): Temple is currently insuring claims brought by businesses who have relied on brokers to arrange energy contracts but who knew little or ... - [Property law case study: Defective Premises Act 1972](https://www.temple-legal.co.uk/news/case-study-on-the-defective-premises-act-1972/): This is an interesting case under the The Defective Premises Act 1972. (The DPA) that highlights the significance of the Scott Schedule and... - [Temple's 25th anniversary – and a big birthday for David Pipkin](https://www.temple-legal.co.uk/news/temples-25th-anniversary-and-a-big-birthday-for-david-pipkin/): Many of you will know David Pipkin almost as ‘part of the furniture’ at Temple Legal Protection and an integral part of its 25-year history. - [Minimum Wage and Statutory Pay Rates Rise](https://www.temple-legal.co.uk/news/minimum-wage-and-statutory-pay-rates-rise/): Minimum wage and statutory pay rates rise - As well as the usual increases to the figures, there is also a change to the minimum wage bandings - [Increased Redundancy Protection During Pregnancy and Leave](https://www.temple-legal.co.uk/news/increased-redundancy-protection-during-pregnancy-and-leave/): From April 2024, new laws will increase the protection from redundancy available to anyone pregnant or returning from maternity... - [Temple Legal Protection – 25 Years at the Leading Edge of Legal Expenses Insurance](https://www.temple-legal.co.uk/news/temple-legal-protection-25-years-at-the-leading-edge-of-legal-expenses-insurance/): January 20th is the 25th anniversary of Temple Legal Protection, one of the founders and leading lights in the legal expenses insurance... - [Landmark Clinical Negligence Secondary Victim Appeal Ends in Disappointment for Claimants at the Supreme Court](https://www.temple-legal.co.uk/news/landmark-clinical-negligence-secondary-victim-appeal-ends-in-disappointment-for-claimants-at-the-supreme-court/): The Supreme Court handed down its judgment on conjoined clinical negligence cases concerning psychiatric injuries suffered by secondary victims. - [Ten steps towards business development success for employment law firms](https://www.temple-legal.co.uk/news/ten-steps-towards-business-development-success-for-employment-law-firms/): Below we have some extracts from our forthcoming, updated Temple Employment Disputes Insurance handbook, which includes... - [Disbursement Funding and ATE Insurance for Commercial disputes – what’s what?](https://www.temple-legal.co.uk/news/litigation-funding-and-ate-insurance-for-commercial-disputes-whats-what/): Temple’s new Commercial Guide to Disbursement Funding and providing a clear explanation of the roles of litigation funding and ATE insurance. - [The Building Safety Act 2022 - reforms affecting residential properties](https://www.temple-legal.co.uk/news/the-building-safety-act-2022-reforms-affecting-residential-properties/): This Act has created a raft of reforms affecting residential properties and the construction sectors. The Act was passed to create and ensure - [The rise of Insolvency cases – what might be the reasons?](https://www.temple-legal.co.uk/news/the-rise-of-insolvency-cases-what-might-be-the-reasons/): More than 1 in 10 UK businesses reported a moderate to severe risk of insolvency in August 2022. This predicted to continue to rise... - [Entering the Chinese Room – AI, the insurance sector and the future](https://www.temple-legal.co.uk/news/entering-the-chinese-room-ai-the-insurance-sector-and-the-future/): The developments in Artificial Intelligence during the last five years have been staggering, previously the term AI has been used liberally... - [Kent Law Society – a rewarding partnership](https://www.temple-legal.co.uk/news/kent-law-society-a-rewarding-partnership/): Temple Legal Protection has been proud to partner with Kent Law Society (KLS) for a second year. Last year we agreed to work more closely... - [The FCA’s Consumer Duty - higher and clearer standards with positive outcomes for consumers](https://www.temple-legal.co.uk/news/the-fcas-consumer-duty-higher-and-clearer-standards-with-positive-outcomes-for-consumers/): The FCA’s Consumer Duty came into force on 31 July 2023. Its aim is to set higher and clearer standards in order to provide positive outcomes - [New fixed costs for clinical negligence claims with value of up to £25,000.00](https://www.temple-legal.co.uk/news/new-fixed-costs-for-clinical-negligence-claims-with-value-of-up-to-25000-00/): An introduction of fixed recoverable costs for clinical negligence claims with a value of up to £25,000 was planned to start from 6th April.. - [ATE insurance in action: new birth Injury clinical negligence case study](https://www.temple-legal.co.uk/news/ate-insurance-in-action-new-birth-injury-clinical-negligence-case-study/): Tees Law with the assistance of Temple disbursement funding and ATE insurance, helped a child achieve a multi-million pound settlement. - [Breaking new ground with existing values: Temple’s Northern Ireland Product Launch](https://www.temple-legal.co.uk/news/breaking-new-ground-with-existing-values-temples-northern-ireland-product-launch/): By Fraser Barnstaple, Underwriter (Estimated reading time: 1 minute 40 seconds) In October, we launched our refreshed ATE insurance range... - [Charities update: 2023 - quite a year supporting some very worthy causes](https://www.temple-legal.co.uk/news/charities-update-2023-quite-a-year-supporting-some-very-worthy-causes/): Temple have remained as committed as ever in supporting our chosen charities throughout the year, wherever possible... - [Cauda Equina Syndrome update](https://www.temple-legal.co.uk/news/cauda-equina-syndrome-update/): Cauda Equina Syndrome is a rare and severe type of spinal stenosis where all of the nerves in the lower back become severely compressed. - [Fixed Costs Webinar: An overview of the Fixed Recoverable Costs regime](https://www.temple-legal.co.uk/news/an-overview-of-the-fixed-recoverable-costs-regime/): On 26th September, we hosted a webinar covering the upcoming Fixed Recoverable Costs changes for our valued partners and cover holders. - [Charity golf challenge for Childrens hospices across Scotland (CHAS)](https://www.temple-legal.co.uk/news/charity-golf-challenge-for-childrens-hospices-across-scotland-chas/): Temple Legal Protection are proud to have sponsored the recent Quantum Claims charity golf challenge for Childrens hospices across Scotland. - [Cauda Equina Syndrome cases; we know them well. Does your firm?](https://www.temple-legal.co.uk/news/cauda-equina-syndrome-cases/): We work in partnership with leading specialist litigators, experts and barristers who are highly experienced with Cauda Equina Syndrome (CES) cases. - [What’s Up with WhatsApp?](https://www.temple-legal.co.uk/news/whats-up-with-whatsapp/): In this case Temple is the insurer of the Claimant who found herself having to respond to a complex strike-out application... - [Who’s Nicked My Data?](https://www.temple-legal.co.uk/news/whos-nicked-my-data/): As the amount of personal data stored and transferred electronically increases at an exponential rate, data breach claims are... - [Defamation and privacy: A cautionary tale](https://www.temple-legal.co.uk/news/defamation-and-privacy-a-cautionary-tale/): Temple is the leading after the event insurer in defamation and privacy cases and also provides disbursement funding for these matters. - [The Emerging Shadow of the Gig Economy within UK Labour Law: Unstable Working Hours](https://www.temple-legal.co.uk/news/the-emerging-shadow-of-the-gig-economy-within-uk-labour-law-unstable-working-hours/): The gig economy and zero-hour contracts have been growing in significance and scale in recent years. However, they raise major... - [There’s a lot of Competition in Football](https://www.temple-legal.co.uk/news/theres-a-lot-of-competition-in-football/): We’re probably familiar with the term “match fixing”; when betting syndicates persuade key players in a match to “fix” games. - [“One case at a time and it didn’t cost you a dime”: flying Solo with Temple Legal Protection](https://www.temple-legal.co.uk/news/one-case-at-a-time-and-it-didnt-cost-you-a-dime-flying-solo-with-temple-legal-protection/): ATE insurance and disbursement funding options so that we can work together to review what you require for your firm and clients. - [Calling all in-house lawyers: ATE Insurance and funding can save the day](https://www.temple-legal.co.uk/news/calling-all-in-house-lawyers-ate-insurance-and-funding-can-save-the-day/): As a lawyer who worked in-house for Temple for over 15 years, I was asked to define what in-house lawyers do. - [Meet the ‘Matthews’: a video introduction to the two new directors at Temple Legal Protection](https://www.temple-legal.co.uk/news/meet-the-matthews-a-video-introduction-to-the-two-new-directors-at-temple-legal-protection/): At the end of last year Matthew Pascall and Matthew Best joined to the Temple board of directors. Watch our 5-minute video. - [David Pipkin Conquers the “Snowdon Push Challenge”](https://www.temple-legal.co.uk/news/david-pipkin-conquers-the-snowdon-push-challenge/): Congratulations to David Pipkin after conquering Snowdon as part of The Push 2023 challenge, all in aid of the charity Back Up. - [David Pipkin is taking on the “Snowdon Push Challenge”](https://www.temple-legal.co.uk/news/david-pipkin-taking-on-the-snowdon-push-challenge/): David Pipkin is joining a team from national law firm Shoosmiths to get full time wheelchair user Jo Wright to the top of Snowdon. - [A Reversal of Fortunes? Costs enforcement and the imminent CPR changes](https://www.temple-legal.co.uk/news/a-reversal-of-fortunes-costs-enforcement-and-the-imminent-cpr-changes/): As you may have seen recently in the legal press, the civil procedure rules have been quietly amended to reverse the Court of Appeal’s... - [QOC(s) are they thinking?](https://www.temple-legal.co.uk/news/qocs-are-they-thinking/): As everybody may now know, 6th April 2023 will see significant changes to CPR 44.14. From this date defendants will also be able to... - [10 Years of LASPO – what happened?](https://www.temple-legal.co.uk/news/10-years-of-laspo-what-happened/): It seems amazing to think that we are 10 years on from The Jackson Reforms and LASPO - the Legal Aid, Sentencing and Punishment of ... - [Charities update 2023 - She’s Shining Fundraising Lunch hosted by the Child Brain Injury Trust](https://www.temple-legal.co.uk/news/charities-update-2023-shes-shining-fundraising-lunch-hosted-by-the-child-brain-injury-trust/): Temple remains committed to our charitable endeavours. Our aim throughout the year is to organise fundraising events with each charity... - [‘Did you tell us what you think?’](https://www.temple-legal.co.uk/news/did-you-tell-us-what-you-think/): As 2022 drew to a close, we invited all of our personal injury and clinical negligence coverholders to give us feedback on... - [Looking backwards and forwards - personal injury and clinical negligence developments](https://www.temple-legal.co.uk/news/looking-backwards-and-forwards-personal-injury-and-clinical-negligence-developments/): Below we take a brief look back at 2022 to give you a sense of where we might be headed during the coming months. - [Temple Legal Protection Appoint Matthew Pascall as Legal Director](https://www.temple-legal.co.uk/news/temple-legal-protection-appoint-matthew-pascall-as-legal-director/): Temple Legal Protection today announced that Matthew Pascall joined its board of directors on 2nd December 2022... - [Charity Focus: The Brain and Spinal Injury Centre](https://www.temple-legal.co.uk/news/charity-focus-the-brain-and-spinal-injury-centre/): In this article we asked one of our charity partners, the Brain and Spinal Injury Centre (BASIC), to share their story. - [ATE for Insolvency Cases – Security and Certainty in Uncertain Times](https://www.temple-legal.co.uk/news/ate-for-insolvency-cases-security-and-certainty-in-uncertain-times/): In September 2022 there were 1,679 registered company insolvencies, an increase of 16% compared with the same month last year and... - [Defending the Public Interest – ATE for Defendants in Defamation Cases](https://www.temple-legal.co.uk/news/defending-the-public-interest-ate-for-defendants-in-defamation-cases/): Often defendants do not consider the need for after-the-event insurance as those defending defamation claims are often well-funded and... - [When will time run out to bring claims in the phone hacking litigation?](https://www.temple-legal.co.uk/news/when-will-time-run-out-to-bring-claims-in-the-phone-hacking-litigation/): One could be forgiven thinking that phone-hacking has been in the news for decades and that the Mirror Group and the News Group must have... - [Ground rent clause cases: what makes a successful claim and why use ATE insurance?](https://www.temple-legal.co.uk/news/ground-rent-clause-cases-what-makes-a-successful-claim-and-why-use-ate-insurance/): In recent years, there has been a trend towards higher ground rents and, consequently, a sharp rise in cases concerning them. In 2012... - [Calling all in-house litigators – have you thought about an ATE insurance strategic alliance?](https://www.temple-legal.co.uk/news/calling-all-in-house-litigators-have-you-thought-about-an-ate-insurance-strategic-alliance/): It will come as no surprise to anyone working in-house to know that very soon there will be more lawyers working for in-house legal teams... - [Contentious Probate: making a successful ‘1975 Act claim’. Are your dispositions reasonable?](https://www.temple-legal.co.uk/news/contentious-probate-making-a-successful-1975-act-claim-are-your-dispositions-reasonable/): A look at the Inheritance (Provision for Family and Dependants) Act 1975 and dispositions being subject to a test of reasonableness in the... - [Clinical negligence case study – delayed diagnosis](https://www.temple-legal.co.uk/news/clinical-negligence-case-study-delayed-diagnosis/): This case relates to a delay in diagnosing and treating meningitis and sepsis that settled at a capital equivalent value of £16m. - [Temple Legal Protection Appoint Matthew Best to Its Board of Directors as Director of ATE Partnerships](https://www.temple-legal.co.uk/news/temple-legal-protection-appoint-matthew-best-to-its-board-of-directors-as-director-of-ate-partnerships/): Temple Legal Protection today announced that Matthew Best has joined its board of directors on 9th November 2022... - [Professionally Negligent? Don’t Forget to Discuss ATE Insurance](https://www.temple-legal.co.uk/news/professionally-negligent-dont-forget-to-discuss-ate-insurance/): Clients lose good cases. Clients settle good cases on poor terms because the adverse costs consequences of losing are potentially... - [Security for Costs and ATE Insurance: Threats, Applications, Endorsements and Amendments](https://www.temple-legal.co.uk/news/security-for-costs-and-ate-insurance-threats-applications-endorsements-and-amendments/): When a claimant is insolvent or close to being insolvent whether on a balance sheet or cash flow basis, you can and should expect... - [Fixed Recoverable Costs: Practitioner’s view - It’s not just about the money](https://www.temple-legal.co.uk/news/fixed-recoverable-costs-practitioners-view-its-not-just-about-the-money/): With the FRC regime being excluded for complex and sensitive claims, knowing what will be excluded is likely to cause a number of problems... - [Fixed costs - a fix that doesn’t fix what needs fixing - Part 2](https://www.temple-legal.co.uk/news/fixed-costs-a-fix-that-doesnt-fix-what-needs-fixing-part-2/): Fixed Costs - With the GB pound sinking to an all-time low against the US dollar what else could our leaders do to make things worse? - [Fair Rules for Unfair Prejudice Claims - Primekings & Ors v King & Ors [2021] EWCA Civ 1943](https://www.temple-legal.co.uk/news/fair-rules-for-unfair-prejudice-claims-primekings-ors-v-king-ors-2021-ewca-civ-1943/): In Primekings v King the Court of Appeal recently confirmed the validity of the approach in Graham v Every... - [P36 acceptances and the ATE premium; an argument over “costs”](https://www.temple-legal.co.uk/news/p36-acceptances-and-the-ate-premium-an-argument-over-costs/): Many arguments have been advanced since LASPO attacking the recoverability of After the Event (“ATE”) insurance premiums... - [John Durbin Joins Temple Legal Protection as Senior Business Development Manager](https://www.temple-legal.co.uk/news/john-durbin-joins-temple-legal-protection-as-senior-business-development-manager/): Many appointment announcements are full of ‘corporate speak’ so we’ve gone ‘straight to video’ to introduce John Durbin. - [Paying the Price of the Pandemic: Business Interruption Insurance and Covid-19](https://www.temple-legal.co.uk/news/paying-the-price-of-the-pandemic-business-interruption-insurance-and-covid-19/): The Covid-19 pandemic brought unprecedented challenges to businesses across the UK and throughout the world. The hospitality sector was one.. - [Queen Elizabeth’s Foundation for Disabled People](https://www.temple-legal.co.uk/news/queen-elizabeths-foundation-for-disabled-people/): Here at Temple we remain committed to our charitable endeavours and to support selected activities of our law firm customers. - [The Commercial Hub – A View From the Sharp End of Commercial Dispute Resolution in Northern Ireland.](https://www.temple-legal.co.uk/news/the-commercial-hub-a-view-from-the-sharp-end/): The Commercial Hub (the Hub) has revolutionised the approach to issuing and prosecuting commercial actions in Northern Ireland. - [The New Commercial Practice Direction in Northern Ireland; Will It Work?](https://www.temple-legal.co.uk/news/the-new-commercial-practice-direction-will-it-work/): The Commercial Court in Northern Ireland has been at the forefront of modernising commercial litigation in Northern Ireland. --- ## Case Studies - [Public Liability Claim: A Minor (by litigation friend) v Local Authority](https://www.temple-legal.co.uk/news/casestudy/public-liability-claim-a-minor-by-litigation-friend-v-local-authority/): C was injured when a loose wire from a fence caught the back of his neck, causing him to fall and fracture his arm. The wire was from the.... - [Secondary victim claim: Ms X v Mr X](https://www.temple-legal.co.uk/news/casestudy/secondary-victim-claim-ms-x-v-mr-x/): This case involves a secondary victim claim following a fatal road traffic accident, where the claimant suffered psychiatric injury after.... - [Employers Liability Claim: Ms X v Y Company](https://www.temple-legal.co.uk/news/casestudy/employers-liability-claim-ms-x-v-y-company/): The solicitors had already obtained medical report and opinion from counsel prior to approaching Temple for ATE; there was an issue.......... - [Birth injury claim: Master X v NHS Trust](https://www.temple-legal.co.uk/news/casestudy/birth-injury-claim-master-x-v-nhs-trust/): This case concerns a clinical negligence claim arising from a birth injury where liability has been largely admitted. Temple has provided.... - [Birth Injury Claim: Ms X v NHS Trust](https://www.temple-legal.co.uk/news/casestudy/birth-injury-claim-ms-x-v-nhs-trust/): The Claimant suffered two avoidable stillbirths, the first as a result of an excessively traumatic and lengthy delivery and the second as.... - [Surgical negligence Claim: Mr X v NHS Trust](https://www.temple-legal.co.uk/news/casestudy/surgical-negligence-claim-mr-x-v-nhs-trust/): After the operation, a routine blood test was taken by a doctor. For whatever reason, the doctor inserted the needle into the inside basal... - [Industrial Disease Claim: Mr X (deceased) v Company](https://www.temple-legal.co.uk/news/casestudy/industrial-disease-claim-mr-x-deceased-v-company/): The deceased was employed and undertook general labour. He worked on and around asbestos lagged steam pipes, brushing down steel work.... - [Road Traffic Accident Claim: Mr X](https://www.temple-legal.co.uk/news/casestudy/road-traffic-accident-claim-mr-x/): The Claimant (Mr X) was a driver who was involved in an accident. His vehicle was hit in the rear while stationary at traffic lights and.... - [Professional negligence case study: ‘Chew Kwan Mae’ group action](https://www.temple-legal.co.uk/news/casestudy/professional-negligence-case-study-chew-kwan-mae-group-action/): This group action case relates to disputes arising from the purchase of long leasehold interests in individual hotel rooms... - [Road Traffic Accident](https://www.temple-legal.co.uk/news/casestudy/road-traffic-accident/): Tindall and another (Appellants) v Chief Constable of Thames Valley Police (Respondent) On 4th March 2024. - [Insolvency case study: Misfeasance](https://www.temple-legal.co.uk/news/casestudy/misfeasance/): Temple was approached directly by an Insolvency Practitioner (IP) to provide After the Event Insurance in a case where the IP was investigating a former director for misfeasance. - [Birth Injury](https://www.temple-legal.co.uk/news/casestudy/birth-injury/): Well, in Mrs M’s case, it made a whole world of difference to her case for clinical negligence. After a caesarean section Mrs M... - [Insolvency case study: Success for liquidator and trustee in bankruptcy settlements](https://www.temple-legal.co.uk/news/casestudy/insolvency-litigation-insurance-success-for-a-liquidator-and-a-trustee-in-bankruptcy-settlements/): Two insolvency claims with a total value of over £300,000 - [Spinal Injury](https://www.temple-legal.co.uk/news/casestudy/spinal-injury/): Mr E was driving on the M25 on a dark night shortly after roadworks had been cleared. A repair carried out in those roadworks had failed... - [Contract law case study: Big win for claimant in gambling domain name dispute](https://www.temple-legal.co.uk/news/casestudy/gambling-domain-name-dispute-sees-a-big-winner-for-claimant-at-trial/): In a judgment handed down on Tuesday 19th January 2021, Simons Muirhead & Burton LLP won a claim to recover the domain name blackjack.com - [Personal Injury – Multiple Injuries](https://www.temple-legal.co.uk/news/casestudy/personal-injury-multiple-injuries/): While staying at a hotel, the claimant fell from a first-floor window during the night, landing on a patio area below. - [Property law dispute Property damage and business interruption](https://www.temple-legal.co.uk/news/casestudy/property-damage-and-business-interruption/): The firm of solicitors having conduct of this matter for the claimant had been a commercial litigation insurance coverholder... - [Breach of contract case study: ‘It’s just not cricket’](https://www.temple-legal.co.uk/news/casestudy/fosters-cricket-club/): This was a case brought by an English cricket club and a foreign-born individual player against members of the executive board of a cricket club league. - [Contentious trusts and probate case study: ‘Fighting for the family silver’](https://www.temple-legal.co.uk/news/casestudy/fighting-for-the-family-silver/): This case demonstrates the importance of negotiation and mediation in litigation - [A catastrophic personal injury claim that required a top-up on the Limit of Indemnity](https://www.temple-legal.co.uk/news/casestudy/a-catastrophic-personal-injury-claim-that-required-a-top-up-on-the-limit-of-indemnity/): Our underwriting team were approached by a partner law firm, in relation to a potential top up in indemnity on a high value personal injury matter. - [Property litigation case study: fraudulent misrepresentation](https://www.temple-legal.co.uk/news/casestudy/property-litigation-fraudulent-misrepresentation/): Wilson Browne approached Temple Legal Protection for litigation insurance cover; together they were able to help a young entrepreneur end a legal nightmare. - [Delayed diagnosis](https://www.temple-legal.co.uk/news/casestudy/delayed-diagnosis/): This case involved an Orthopaedic Surgeon who had a central disc prolapse and the hospital not doing an MRI scan for over 36 hours. - [Christmas Party assault, the limits of Vicarious Liability – case update](https://www.temple-legal.co.uk/news/casestudy/christmas-party-assault-the-limits-of-vicarious-liability-case-update/): his personal injury claim concerned the limits of vicarious liability where a wrongdoing occurred away from work premises and outside working hours. - [Third party costs and funding case study](https://www.temple-legal.co.uk/news/casestudy/ukip-ordered-to-pay-costs-in-landmark-third-party-funding-judgment/): Those who wish to fund litigation or perhaps drift into a position where they do so, need to be aware of the risks highlighted by this case. - [Mesothelioma](https://www.temple-legal.co.uk/news/casestudy/mesothelioma/): Case study - Mesothelioma. Temple Legal Protection provide this cover for sufferers of mesothelioma and other asbestos related diseases. - [Hospital infection](https://www.temple-legal.co.uk/news/casestudy/hospital-infection/): The case involved contracting clostridium difficile during an inpatient stay in hospital - [Clinical Negligence - Failure to diagnose](https://www.temple-legal.co.uk/news/casestudy/clinical-negligencefailure-to-diagnose/): Failure to diagnose - The claimant had an appendectomy in June 2014. The histology showed suspected malignancy that was not picked up. - [Media law case study: Defamation - libel](https://www.temple-legal.co.uk/news/casestudy/libellous-attack-leading-qcs-reputation-results-substantial-damages-pay-national-newspaper/): This was a claim against the Mail on Sunday regarding a libellous article by the journalist David Rose that was published by the newspaper in October 2016. - [Media law case study: The right to be forgotten – in practice](https://www.temple-legal.co.uk/news/casestudy/right-forgotten-practice/): An example case study by Temple Legal Protection. The right to be forgotten in practice. --- # # Detailed Content ## Pages > Litigation insurance for commercial disputes from Temple is chosen by leading law firms. Their testimonials show why we are their provider of choice. - Published: 2018-02-04 - Modified: 2025-04-10 - URL: https://www.temple-legal.co.uk/solicitors/commercial-ate/testimonials/ Here's what our clients say --- > Legal expenses insurance, helping solicitors reduce client risk & increase fee earning. After/Before The Event (ATE/BTE) litigation insurance - Published: 2018-01-29 - Modified: 2025-01-02 - URL: https://www.temple-legal.co.uk/ Legal Expenses Insurance and Disbursement Funding Temple Legal Protection is a market-leading provider of legal expenses insurance and disbursement funding. Proven at the highest levels, our litigation insurance (after the event) cover helps break down the financial barriers to dispute resolution, mitigate risk and reduce liability - allowing you to pursue their case to its fullest potential. Complementing this is Temple disbursement funding; this removes the financial burden for your client whilst protecting your firm’s balance sheet. Our before the event (BTE) legal expenses insurance is provided through our network of partner insurance brokers for their commercial customers looking to protect their business. In an uncertain economic climate, a businesses’ reliance on their insurance portfolio and 24-hour legal advice has never been greater. Temple have a long history in ATE insurance and BTE insurance – and built our reputation by working in close partnership with our customer law firms and insurance brokers. All backed by a level of service unrivalled within the industry - you can always talk directly to our underwriting team. In short – we will help you more. We are fully authorised and regulated by the Financial Conduct Authority (FCA), so you and your clients can be confident that our company and our services are secure and reliable. Please select your industry sector for more information on how we can work together. --- > Looking for latest legal expenses insurance and litigation funding industry news? We have been a reputable voice at the heart of the sector for 20 years - Published: 2018-01-29 - Modified: 2022-07-21 - URL: https://www.temple-legal.co.uk/news/ Temple Legal Protection News --- --- ## Posts - Published: 2025-05-22 - Modified: 2025-05-22 - URL: https://www.temple-legal.co.uk/news/temple-signs-up-to-queen-elizabeth-foundation-team-90-challenge/ - Categories: Uncategorized Imagine a world where everyone, regardless of their physical or neurological challenges, has the opportunity to live a fulfilling and independent life. For many individuals, this vision feels out of reach—but that is where the Queen Elizabeth Foundation (QEF) steps in, turning aspirations into reality. With a legacy over 90 years of empowering people with disabilities, QEF has become a beacon of hope and transformation. Through their innovative programs and dedicated care, QEF not only addresses the practical needs of individuals but also restores a sense of dignity and confidence. Whether it's providing life-changing neurorehabilitation or creating bespoke mobility solutions, QEF plays a vital role in helping individuals reclaim their independence and rediscover joy in everyday moments. QEF can offer invaluable support for law firms handling personal injury cases, particularly for clients recovering from brain injuries or dealing with physical disabilities. Here's how QEF can assist: 1. Neuro-Rehabilitation Services: QEF provides expert neurorehabilitation to help clients regain core skills and independence after an acquired brain injury or neurological illness. This can be a critical part of a personal injury claim, demonstrating the long-term care and recovery process. 2. Mobility Solutions: They offer bespoke mobility assessments and assistive equipment, ensuring clients have the tools they need to navigate their daily lives. This can be essential for cases involving mobility impairments. 3. Legal Information Service: QEF has partnered with selected legal service providers to offer specialist advice and guidance for clients facing complex legal, financial, and welfare issues. This includes support for... --- - Published: 2025-05-15 - Modified: 2025-05-15 - URL: https://www.temple-legal.co.uk/news/contentious-probate-claims-on-the-rise-where-does-ate-insurance-fit-in/ - Categories: Uncategorized, ATE Commercial - News Authors: Jamela Collins By Jamela Collins, Technical Underwriting Manager Estimated reading time - 3 minutes 3 seconds A steady rise in contentious trusts and probate disputes is being reported including claims under the Inheritance Act 1975 and more frequent challenges to the validity of wills. These two factors combined with the increasing complexity of disputes, is reinforcing the importance of After the Event (ATE) insurance in protecting parties from the financial risks associated with litigation. Shifting views on ATE insurance ATE insurance was once seen primarily as a safeguard for claimants with limited financial means, but attitudes have changed. The unpredictability of contentious probate litigation means that a wider range of claimants, including those with substantial financial resources, now view ATE insurance as a prudent and necessary measure. It should be noted that the number of probate cases proceeding to trial is also on the increase. Defendants, such as executors and trustees, are often backed by estate funds or well-funded legal teams, making the risk of adverse costs a serious consideration. Trends in contentious probate litigation Several factors have contributed to the increase in probate disputes: Rising estate values: Higher property prices and investment portfolios mean that estates are often worth more, making legal challenges more financially significant. Homemade and digital wills: A growing number of people are drafting wills without legal advice, leading to an increase in challenges based on undue influence, lack of capacity or procedural errors. Blended families: Disputes between second spouses and children from previous relationships remain a common... --- - Published: 2025-05-15 - Modified: 2025-05-15 - URL: https://www.temple-legal.co.uk/news/ate-in-action-case-study-dispute-over-final-wishes-in-contested-will/ - Categories: Uncategorized, ATE Commercial - News Authors: Jamela Collins By Jamela Collins, Technical Underwriting Manager Estimated reading time - 4 minutes 10 seconds The case concerns a handwritten Will made in 2020 by the deceased`s former husband which was made less than a month before her death which left him her entire estate and revoked a professionally drafted Will made in 2012. The main beneficiaries of the 2012 Will challenged the validity of the 2020 Will due to the deceased`s poor health and lack of professional assistance in the making of the Will and concerns about the Will`s execution and discovery. The Deceased, passed away in May 2020. She left a Will executed in December 2012 (the 2012 Will), but later another Will dated 4 May 2020 (the 2020 Will) was discovered. The matter concerns the validity of the 2020 Will prepared by the Deceased’s former husband, the Defendant. The Deceased and the Defendant divorced in 1989 but continued living together in the same home After the divorce, the Claimants stated that the Deceased and the Defendant’s relationship was platonic. The Deceased then had a relationship with another man she planned on marrying before he died. However, the Defendant maintained they continued to live together as a married couple after the divorce. 2012 Will Mr A, a solicitor who knew and drafted the Deceased’s previous Wills, prepared the 2012 Will. Mr A was instructed by the Deceased as follows: She wished to leave the Defendant the property. The Claimants would receive the residue of the estate, including another property... --- > This case involves a secondary victim claim following a fatal road traffic accident, where the claimant suffered psychiatric injury after... - Published: 2025-05-12 - Modified: 2025-05-12 - URL: https://www.temple-legal.co.uk/news/ate-insurance-in-action-personal-injury-secondary-victim-claim-ms-x-v-mr-x/ - Categories: ATE Personal Injury - News Authors: Shelly Carrick-Forrester By Shelley Carrick-Forrester, Trainee Underwriter *Case ongoing at time of writing (May 2025) What has happened so far? This case involves a secondary victim claim following a fatal road traffic accident, where the claimant suffered psychiatric injury after witnessing the immediate aftermath. Temple has provided ATE insurance to support the claimant as the case proceeds. The claim arises from a tragic road traffic accident in March 2020. A pedestrian, a close family member of the claimant, was crossing at a road junction when he was struck by the Defendant’s vehicle. At the time of the collision, the Defendant was travelling at 49 mph in a 30 mph zone and was under the influence of drugs and alcohol. The family member sustained a traumatic brain injury and other serious injuries. He was taken to Queen Elizabeth Hospital in Birmingham but sadly died shortly after arrival. The claimant was taken to the hospital where she witnessed her family member in a non-responsive state. She suffered immediate psychological trauma as a result, giving rise to her claim as a secondary victim under personal injury law. Temple was asked and agreed to provide ATE insurance to Ms X, covering the risk of adverse costs and disbursements in the event that her claim is unsuccessful. Matter value: £25,000 Case status: ATE insurance policy issued; case ongoing Team member involved: Peter Cornish, Senior Underwriting --- > This article provides an overview of the importance of risk assessments in personal injury and clinical negligence claims, from the.... - Published: 2025-05-09 - Modified: 2025-05-12 - URL: https://www.temple-legal.co.uk/news/risk-assessment-an-ate-insurers-perspective/ - Categories: Uncategorized - News Authors: Bipin Regmi By Bipin Regmi, Senior Underwriter This article provides an overview of the importance of risk assessments in personal injury and clinical negligence claims, from the perspective of an ATE insurance provider. It outlines how such assessments inform both the viability of a claim and the insurer’s decision to provide cover and examines what solicitors should consider when presenting cases for ATE insurance. According to NHS Resolution’s annual report of 2023/2024, the NHS’s payout amounted to £2. 8 billion in compensation and associated costs, the NHS received 13,784 new clinical negligence claims and only 52% of the clinical claims resulted in payment of damages. A solicitor’s risk assessment is an important part of any personal injury and clinical negligence claim. From an ATE insurer’s perspective, risk assessments are vital in order to assess whether to provide legal insurance cover, whilst also managing potential liabilities. Some assessments are straightforward in a personal injury claim, but in clinical negligence claims, this can be more complex. An effective risk assessment can early on eliminate claims that do not have good prospects whilst, at the same time, identify what will need early investigation in order to ascertain the prospects of success. Assessments of risk are particularly important to solicitors as most are instructed under a Conditional Fee Agreement (CFA) in personal injury and clinical negligence claims. If the claim is not successful, the solicitors will not get paid; therefore, a robust risk assessment is of upmost importance at the outset of the claim. It is... --- > This case study examines the Court of Appeal’s decision in Singh & Ors v Ingram [2025], which considered whether a Conditional Fee.... - Published: 2025-05-09 - Modified: 2025-05-12 - URL: https://www.temple-legal.co.uk/news/retrospective-cfas-guidance-from-the-court-of-appeal/ - Categories: Uncategorized - News Authors: Bipin Regmi By Bipin Regmi, Senior Underwriter This case study examines the Court of Appeal’s decision in Singh & Ors v Ingram , which considered whether a Conditional Fee Agreement (CFA) could apply to work undertaken before it was signed. The case involved a detailed dispute over the interpretation of CFA terms, the role of implied intent, and the implications for cost recovery in contentious proceedings. It offers valuable insight for solicitors working under CFAs, particularly where retrospective coverage is in question. In Singh & Ors v Ingram , the Court of Appeal addressed the issue of whether a Conditional Fee Agreement (CFA) entered into by the respondent (the claimant in the original proceedings) and his solicitors had retrospective effect. Background of the case The respondent (a liquidator) of a company brought a claim against the appellant with allegations that the appellants had sought (through void dispositions, a false credit note and other illegitimate means) to diminish the assets available to the respondent. HHJ Hodge KC found against the appellants and subsequently ordered payment of the respondent costs of the proceedings on an indemnity basis. This was because their conduct “both before and during the proceedings, has been so far outside the norm of commercial litigation in general that it is appropriate that the costs should be assessed on the indemnity basis”. The assessment of costs was a highly contentious affair. Numerous issues were raised before Costs Judge Nagalingam (“the Costs Judge”), which were heard over no less than seven separate hearings.... --- > This year, Mental Health First Aid (MHFA) England launched a new initiative called ‘My Whole Self’, which is a campaign for workplace.... - Published: 2025-05-09 - Modified: 2025-05-12 - URL: https://www.temple-legal.co.uk/news/my-whole-self-mental-health-first-aid-englands-campaign-for-workplace-culture-change/ - Categories: Uncategorized, ATE Personal Injury - News Authors: Lisa Fricker By Lisa Fricker, Head of Solicitor Services & Quality Assurance This year, Mental Health First Aid (MHFA) England launched a new initiative called ‘My Whole Self’, which is a campaign for workplace culture change. MHFA England wants employers to create cultures where people feel safe to bring their whole self to work, if they choose. Teams that feel safe and connected work better together, driving improvements in mental health and performance. MHFA England is warning employers of the risks of deprioritising equity, diversity and inclusion (EDI), cautioning that doing so could impact employee and business health. New research published by them on 11th March to mark ‘My Whole Self Day’, reveals almost a third of employees (30%)say people in their organisation sometimes reject others for being different. 1 in 10 employees (9%) said they do not feel their team treat each other with respect. Declining psychological safety in the workplace The research was carried out by MHFA England (in partnership with Henley Business School) among 2,000 employees. It also revealed the number of people who feel they can bring their whole self to work has dropped dramatically in the past five years, as EDI initiatives come under threat globally. Companies such as Google, Meta, McDonald’s, and Amazon have announced they are scaling back EDI initiatives. There has been a 25% drop in the number of people who feel they can bring their whole self to work, (66% in 2020, 41% in 2024) risking employee wellbeing and productivity. Of the employees... --- > This article provides an insight as to the required close examination of specific contractual terms for private hospital operators when.... - Published: 2025-05-09 - Modified: 2025-05-12 - URL: https://www.temple-legal.co.uk/news/really-quite-interesting-2/ - Categories: Uncategorized, ATE Personal Injury - News Authors: Morag Lewis By Morag Lewis, Senior Underwriter What’s caught our eye recently Private hospital liability post Bartolomucci https://www. dacbeachcroft. com/en/What-we-think/Private-hospital-liability-post-bartolomucci This article provides an insight as to the required close examination of specific contractual terms for private hospital operators when drafting patient terms and conditions. In the light of the case’s prominence and the issues it raises, it is recommended that private hospital operators review their patient terms and conditions to ensure they clearly define the boundaries of liability between the hospital, the patient and the consultant. Addenbrooke’s Hospital surgery review expanded to 800 patients after care issues in operations on children identified https://www. irwinmitchell. com/news-and-insights/ newsandmedia/2025/march/addenbrookes-hospitalsurgery- review-expanded-to-800-patients-after-issues-inoperations- on-children This article relates to a group of specialist medical negligence lawyers from Irwin Mitchell solicitors supporting parents due to their concerns about operations performed by a surgeon at Addenbrooke’s hospital in relation to hip surgery. £5. 2m compensation agreed for young mother for delayed diagnosis of cauda equina syndrome https://www. stewartslaw. com/news/5-2m-compensation-agreed- for-young-mother-for-delayed-diagnosis-of-caudaequina-syndrome/ This is the highest CE award recorded by law firm Stewarts. The amount was £5. 2m due to the claimant suffering completed paralysis of her bladder and bowels. Now reliant on a wheelchair, but due to the award she has been able to buy a home that can be adapted to suit her. Judges tell government not to extend whiplash tariff model https://www. legalfutures. co. uk/latest-news/judges-tellgovernment- not-to-extend-whiplash-tariff-model This article refers to the whiplash tariff. There is a warning by the judiciary not to extend the same to include larger or... --- > This case concerns a clinical negligence claim arising from a birth injury where liability has been largely admitted. Temple has provided.... - Published: 2025-05-09 - Modified: 2025-05-12 - URL: https://www.temple-legal.co.uk/news/ate-insurance-in-action-case-studies/ - Categories: Uncategorized, ATE Personal Injury - News Authors: Shelly Carrick-Forrester By Shelley Carrick-Forrester, Trainee Underwriter *Case ongoing at time of writing (May 2025) What has happened so far? This case concerns a clinical negligence claim arising from a birth injury where liability has been largely admitted. Temple has provided ATE insurance to assist the claimant's solicitors in pursuing appropriate damages following the partial settlement on liability. Master X suffered a brachial plexus injury during his delivery at the Defendant NHS Trust’s hospital. Initially, liability was denied, and court proceedings were issued. Following the issue of proceedings, negotiations regarding liability took place between the parties. Liability was ultimately agreed on a 95% basis, with judgment entered in favour of Master X to reflect this agreement. The proceedings have been stayed to focus on quantifying the claim. The case was initially funded under a Legal Aid certificate. However, due to the limitations on hourly rates recoverable under Legal Aid, the claimant’s solicitors sought to switch funding to a Conditional Fee Agreement (CFA) supported by After the Event (ATE) insurance. Temple was approached and agreed to provide ATE insurance to protect the Claimant against the risk of adverse costs should settlement negotiations prove unsuccessful. Matter value: £750,000 Case status: ATE insurance policy issued; case ongoing Team member involved: David Stoker, Senior Underwriter --- > On the 19th March, John Durbin and Lisa Fricker headed south to Bournemouth to exhibit at AVMA’s 35th Annual Clinical Negligence Conference... - Published: 2025-05-09 - Modified: 2025-05-12 - URL: https://www.temple-legal.co.uk/news/out-and-about-where-were-at-in-2025/ - Categories: Uncategorized, ATE Personal Injury - News Authors: John Durbin By John Durbin, Senior Business, Development Manager On the 19th March, John Durbin and Lisa Fricker headed south to Bournemouth to exhibit at AVMA’s 35th Annual Clinical Negligence Conference. Across the two days the conference saw over 400 delegates attend, with many visiting the Temple stand during the breaks to catch up on the latest ATE and disbursement funding products and sample some giveaways. Laura Cates from Switalskis was the lucky prize draw winner and was presented with a pair of Beats headphones. Looking ahead, you will next find us at Celtic Manor, exhibiting at the APIL Advanced Brain and Spinal Cord Injury Conference on the 14-16 May. Attending will be John Durbin and Morag Lewis. John will then be heading to Birmingham on June 5th to exhibit at the SCIL conference. We hope to catch up with many of our coverholders at these events and many more during the rest of 2025. If you’re not going to be at these conferences but would like to find out more about ATE insurance and disbursement funding for your firm and clinical negligence clients, or If you have an idea for an event or a subject and speaker you think we should hear about, please email john. durbin@temple-legal. co. uk --- - Published: 2025-03-11 - Modified: 2025-03-11 - URL: https://www.temple-legal.co.uk/news/ate-insurance-in-action-an-unintended-lock-in-bilateral-compartment-syndrome-and-emergency-fasciotomies/ - Categories: Uncategorized, ATE Personal Injury - News Authors: Morag Lewis By Morag Lewis, Senior Underwriter Estimated Reading Time - 2 minutes 12 seconds The claimant had been drinking alcohol while out socialising with friends at a work function. She had begun drinking at approximately 5. 30pm and continued to drink up until around 9:00pm. It was clear that the court would find that the claimant was intoxicated. At approximately 9:30pm the claimant decided she was going to go home. Home was a 15-minute walk away and, before leaving, she went to the toilet. The toilets at the claimant’s place of work were large and including a dressing area along with cubicles. There was not a clear view of the cubicle from the main door when entering the toilets. While using the toilet the clamant ‘must have passed out’ as she woke at 02:30am with very little feeling in her legs, in fact they felt numb she was unable to move or call anyone due to her phone battery being empty. She was found by the cleaners at 05:30am when they began their shift. She was immediately taken to hospital and diagnosed with bilateral compartment syndrome in both legs with required emergency fasciotomies which ultimately involved skin grafts. A letter of claim was served alleging the defendants were in breach of their statutory duty owned pursuant of OLA 1957 the Management of Health and Safety at Work Regulations 1999 and also in breach of the common law duty of care. The allegation is that they ought to have inspected the toilets... --- > On 24 January 2025, the historic settlement in the long-running phone hacking litigation against News Group Newspapers (NGN)... - Published: 2025-03-11 - Modified: 2025-03-11 - URL: https://www.temple-legal.co.uk/news/a-historic-phone-hacking-settlement-and-temples-role-in-securing-justice/ - Categories: Uncategorized, ATE Commercial, Media - News Authors: Matthew Pascall By Matthew Pascall, Legal Director - Head of Commercial Estimated Reading Time - 2 minutes 43 seconds On 24 January 2025, the historic settlement in the long-running phone hacking litigation against News Group Newspapers (NGN) captured widespread media attention and made the headlines everywhere. The case, which saw Lord Tom Watson and the Duke of Sussex receive a settlement, including an apology, from NGN, was a significant moment in the battle for privacy rights and accountability in the media. As the leading provider of after-the-event (ATE) insurance for many of the claimants involved in this litigation, Temple extends its congratulations to the legal teams who secured this outcome, while reflecting on the pivotal role our insurance has played in facilitating justice. This settlement represents a significant milestone in a case that has spanned over a decade, beginning with the first revelations of phone hacking in 2005. The legal battle that followed was monumental, with numerous victims seeking redress for unlawful surveillance by journalists and media companies. For many, taking on powerful organisations such as NGN and MGN (Mirror Group Newspapers) was a daunting prospect - without the right financial backing, many would have been unable to pursue their claims. This is where Temple’s ATE insurance and disbursement funding has been essential in helping claimants secure settlements and hold two of the largest media organisations in the UK to account. Following the initial revelations and the subsequent conviction of a small number of people involved in phone hacking, a series of... --- - Published: 2025-03-05 - Modified: 2025-03-05 - URL: https://www.temple-legal.co.uk/news/really-quite-interesting/ - Categories: Uncategorized - News Authors: Oliver White What’s caught our eye recently in the legal press By Oliver White, Underwriter Estimated Reading Time - 5 minutes 24 seconds NHS Trusts faces over £4m in payouts for infection claims https://claimsmag. co. uk/2024/12/nhs-trusts-faces-over-4m-in-payouts-for-infection-claims/ This article from Claims Media discusses the results of an Investigation made by Medical Negligence Assist. This found that NHS Trusts have paid over £4. 2 million in damages for healthcare-associated infection claims since 2021. In this time period, 85 claims were lodged against 76 NHS Trusts, of which 66 were successful. Approximately 300,000 people are affected by HCAIs annually, which have significant financial and human impact. Emergency caesarean sections, birth injuries and the urgent need to improve UK maternity care https://www. bindmans. com/news-insights/blogs/emergency-caesarean-sections-birth-injuries-and-the-urgent-need-to-improve-uk-maternity-care/ An interesting article from Bindmans discusses a report published by the Care Quality Commission in November 2024. This report suggests that there are “entrenched” problems with communication and postnatal care, which requires improvement. It emphasises the disparity in how different groups experience maternity care, with those who had an emergency caesarean birth being one example, having a poorer than average experience across nearly all the questions asked. Emergency caesarean births increased by 2 percentage points from 21% in 2023 to 23% in 2024. This is disappointing considering the risks that such births involve. Postnatal care is also found to be lacking. Over the last five years women have reported difficulties in getting a member of staff to help them when needed, being given information or explanations when needed, and being treated with... --- > Temple, along with many other businesses, is starting to explore ways in which AI can support the work we do. I have already started to... - Published: 2025-02-27 - Modified: 2025-02-27 - URL: https://www.temple-legal.co.uk/news/artificial-intelligence-and-the-real-thing-ai-and-ate-underwriting/ - Categories: AI - News Authors: Matthew Pascall By Matthew Pascall, Legal Director Estimated Reading Time - 5 minutes 17 seconds Temple, along with many other businesses, is starting to explore ways in which AI can support the work we do. I have already started to receive marketing emails promising me software that can predict the outcome of a case. Am I soon going to be out of job? Is Temple going to start saying “Computer says No! ” No. I am no IT expert, and I am not going to pretend I understand anything about AI. It follows that there may be many things in this article which an expert would challenge. If so, please do. An open and well-informed debate about the genuine and exciting opportunities AI can offer all of us that includes a careful reflection on its potential pitfalls is to be welcomed. For a while now access to data from the Courts Service has enabled relatively sophisticated reporting that will show patterns in the way particular cases or types of cases are handled by particular judges at trial. This merely reflects the fact that some judges can be more conservative in their approach to some cases than other judges and, as a result, they can be seen as more claimant or defendant friendly. It is also becoming possible to see that, in overall terms, some types of case seem to be more successful at trial than others. But that merely reflects the fact that, by their very nature, some cases are more difficult... --- > Over the years changes have been made by way of fixed recoverable costs. This is mainly the case in low value personal injury claims since.. - Published: 2025-02-20 - Modified: 2025-02-20 - URL: https://www.temple-legal.co.uk/news/medical-reports-fee-breakdown/ - Categories: ATE Clinical Negligence - News Authors: Bipin Regmi By Bipin Regmi, Senior Underwriter (Estimated reading time: 5 minutes 33 seconds) Over the years changes have been made by way of fixed recoverable costs. This is mainly the case in low value personal injury claims with the introduction of Pre-Action Protocols for Low Value RTA and EL/PL claims since 31 July 2013. Further extension has been made to most litigation claims up to a value of £100,000 due to the implementation of the new regime under CPR 45 and PD 45 which came into effect on 1 October 2023. One has to consider that law firms are businesses. Due to the changes and recovery of costs being more and more difficult in litigation, it is of upmost important for law firms to recover as much profit costs as possible in all cases. Often law firms are instructed under a Conditional Fee Agreement which means they are not paid unless there is a successful resolution of the claim, which can often be years of work; and it is also not unusual for firms to fund the medical report fee with assistance from a third party such as a medical agency. Why do law firms use medical agencies? The simple answer is for fee deferral. It is crucial for law firms to have a profitable business and to have a good cash flow. In personal injury and clinical negligence claims, it is not unusual for law firms to front the cost of medical report fees; in high value and complex cases... --- - Published: 2025-02-19 - Modified: 2025-02-20 - URL: https://www.temple-legal.co.uk/news/nhs-league-tables-and-clinical-negligence-claims/ - Categories: Uncategorized - News Authors: Matthew Best By Matthew Best, Director - ATE Partnerships, Head of Personal Injury & Clinical Negligence (Estimated reading time: 2 minutes 43 seconds) The introduction of NHS hospital league tables represents a significant shift in the drive to improve transparency and accountability in the UK’s healthcare system. While this reform aims to address systemic issues and enhance patient outcomes, its potential impact on clinical negligence claims and the broader NHS culture warrants careful consideration. Public rankings aim to incentivise underperforming hospitals to address deficiencies, ultimately reducing medical errors and the volume of negligence claims. This is a critical concern, as NHS clinical negligence payouts reached a staggering £2. 7 billion in 2022-23, with maternity-related claims being a significant driver. By addressing these deficiencies, will patient outcomes and hospital standards improve, leading to a corresponding decrease in legal claims? Increased Awareness Leading to Claims Greater transparency might result in increased claims as patients and legal advisors gain easier access to hospital performance data. Lower-ranked hospitals, in particular, could face heightened scrutiny and potential legal challenges. This unintended consequence may place additional pressure on institutions already struggling with systemic issues. Cultural Shifts Within the NHS Learning Culture or Blame Culture? League tables could foster a culture of continuous improvement, with hospitals learning from their errors and sharing best practices. However, concerns persist that public rankings might exacerbate a blame culture within the NHS. The Royal College of Emergency Medicine has cautioned that focusing on metrics could lead to short-term target-chasing, distracting from systemic reform... --- > The Renters' Rights Bill aims to protect tenants from unfair treatment, while providing clearer regulations that safeguard landlords... - Published: 2025-02-19 - Modified: 2025-02-27 - URL: https://www.temple-legal.co.uk/news/the-renters-rights-bill-a-comprehensive-overview-of-new-protections-and-regulations-for-tenants-and-landlords/ - Categories: Before The Event, Landlord - News Authors: Temple Legal Protection By Lewis Fayle - Assistant Account Handler and Sophie Locke - Underwriting Support Assistant Estimated Reading Time - 4 minutes 10 seconds The Renters' Rights Bill, initially introduced in the House of Commons on 11th September 2024, is poised to bring significant changes to the rental market in the UK. Set to become law in Spring 2025, the bill aims to balance the protection of tenants’ rights with clearer regulations that safeguard landlords from unfair claims, while ensuring a fairer and more transparent rental environment. Key Aims: 1. Abolishment of Section 21 The bill removes Section 21 of the Housing Act 1988, which allowed landlords to evict tenants without cause. Under the new system, tenancies will become assured and periodic, eliminating fixed-term agreements. This change will ensure that tenants can stay in a property for as long as they meet the terms of their tenancy, while landlords will have more transparent grounds for possession. 2. Fair Possession Grounds The bill introduces fairer grounds for eviction, ensuring that both tenants and landlords have a clearer understanding of their rights. Landlords can regain possession of their property when reasonable, but tenants will be granted more time to find alternative housing if evicted due to the landlord selling or moving in. 3. Stronger Protections Against Backdoor Eviction Tenants will have the right to challenge above-market rent increases through an independent tribunal, ensuring that rent hikes are fair and justified. Additionally, landlords will still have the right to raise rents to the market level,... --- > Temple Legal Protection Congratulates Legal Teams and Highlights Role of ATE Insurance in Securing Justice - Published: 2025-01-22 - Modified: 2025-01-22 - URL: https://www.temple-legal.co.uk/news/historic-phone-hacking-settlement-temple-legal-protection-congratulates-legal-teams-and-highlights-role-of-ate-insurance-in-securing-justice/ - Categories: ATE Commercial - News Authors: Matthew Pascall Temple Legal Protection Congratulates Legal Teams and Highlights Role of ATE Insurance in Securing Justice Temple Legal Protection is pleased to congratulate Ellen Gallagher and her colleagues at Hamlins, Roddy Chisholm Batten and his colleagues at Clintons along with David Sherborne, Julian Santos and Ben Hamer of 5RB for securing such a well-deserved settlement on behalf of Lord Tom Watson and the Duke of Sussex in their claims against NGN. Temple is proud to have supported the phone hacking litigation for over 10 years. We believe that our ATE insurance has ensured that hundreds of victims have received justice and hope that our support helped secure today’s historic settlement. If you would like more information on our ATE insurance and disbursement funding please email matthew. pascall@temple-legal. co. uk or call 01483 577877. We look forward to hearing from you --- - Published: 2024-12-23 - Modified: 2024-12-23 - URL: https://www.temple-legal.co.uk/news/%f0%9d%97%a0%f0%9d%97%b2%f0%9d%97%bf%f0%9d%97%bf%f0%9d%98%86-%f0%9d%97%96%f0%9d%97%b5%f0%9d%97%bf%f0%9d%97%b6%f0%9d%98%80%f0%9d%98%81%f0%9d%97%ba%f0%9d%97%ae%f0%9d%98%80-%f0%9d%97%ae%f0%9d%97%bb/ - Categories: General - News Authors: Temple Legal Protection In 2024, we proudly celebrated a significant milestone – the 25th anniversary of Temple Legal Protection. This year, we've hosted a variety of events and taken the time to reflect on both the opportunities and challenges that have shaped our journey. This anniversary also allowed us to revisit the core values that have been central to our success—values that have helped us build strong, long-lasting relationships with our clients and partners. A heartfelt thank you to our colleagues, partners, customers and suppliers who have been a part of our journey in reaching this significant milestone. We're looking forward to the next 25 years of continued growth and collaboration. On behalf of everyone at Temple Legal Protection, we wish you all a Merry Christmas and a Happy New Year! Christmas office hours: We will be closed from 4PM on Tuesday 24th December 2024 and re-open at 9AM on Thursday 2nd January 2025. --- > As we approach the end of 2024, the clinical negligence sector continues to be influenced by potential legislative changes, government... - Published: 2024-12-11 - Modified: 2024-12-11 - URL: https://www.temple-legal.co.uk/news/the-future-of-clinical-negligence-claims-in-2025/ - Categories: ATE Clinical Negligence - News Authors: Matthew Best By Matthew Best, Director - ATE Partnerships, Head of Personal Injury & Clinical Negligence (Estimated reading time: 3 minutes 11 seconds) Navigating change: the future of clinical negligence claims in 2025 As we approach the end of 2024, the clinical negligence sector continues to be influenced by potential legislative changes, government reviews and the ongoing challenges faced by the NHS. In this article I build on some topics previous covered, including the implications of fixed recoverable costs, the Labour government’s health policy shifts and the overarching financial pressures on the NHS. In the interests of full disclosure – this article includes some AI-generated research content. This enabled us to widen the scope slightly in what we’ve commented on below. We then reviewed the content, checking for accuracy and consistency with our previous views. Reflecting on 2024: Key Developments 2024 has, without doubt, been significant for claimant clinical negligence solicitors. As a quick reminder the actual introduction of fixed recoverable costs for lower-value claims remains uncertain; a policy aimed at streamlining the litigation process and reducing the costs incurred by both claimants and defendants. Please see 4) below for more on this topic. However, as has been observed many times previously, this has also raised concerns about the potential impact on access to justice, particularly for those with legitimate claims but who may not meet the new thresholds. It will be essential that the claimant community keeps its ‘eye on the ball’ to ensure that clients are still able to secure... --- > For both claimants and defendants, running a defamation case can be a daunting prospect. The overall legal costs will often outweigh... - Published: 2024-11-12 - Modified: 2024-11-12 - URL: https://www.temple-legal.co.uk/news/new-to-ate-insurance-for-media-and-defamation-cases-start-here/ - Categories: ATE Commercial, Media - News Authors: Jamela Collins By Jamela Collins, Technical Underwriting Manager (Estimated reading time: 4 minutes 29 seconds) During 2024 we have been celebrating our 25th anniversary. In that quarter of a century one of the areas of law that helped build Temple’ reputation in After the Event (ATE) insurance for commercial litigation is in media and defamation cases. Our Commercial Director, Matthew Pascall has been involved in underwriting the phone hacking cases that have been ongoing for a number of years and has provided cover for both claimants and defendants in defamation cases. In this article - which will be of particular interest to those litigators considering ATE for the first time - we draw on that experience to show why it is so popular for this area of law. For both claimants and defendants, running a defamation case can be a daunting prospect. The overall legal costs will often outweigh the damages awarded, but the action may be pursued anyway if there is a principle at stake or a reputation to be defended. What is covered under an ATE insurance policy? Peace of mind given is one of the main reasons why it is popular. Here’s a few examples: In the event that the policyholder is successful, the usual rule in defamation cases is that the insurance premium is usually recovered from the losing party. With Temple, our cover for these cases is for the opponent’s costs. This provide costs protection if the policyholder is unsuccessful in bringing or defending the action. The... --- > Professional negligence claims span a broad spectrum of industries, but they share some common traits: they are often complex, costly, and... - Published: 2024-10-23 - Modified: 2024-10-24 - URL: https://www.temple-legal.co.uk/news/the-unsung-hero-ate-insurance-for-your-professional-negligence-cases/ - Categories: ATE Commercial, Professional Negligence - News Authors: Sukhbir Kaur By Sukhbir Kaur, Senior Underwriter (Estimated reading time: 4 minutes 13 seconds) Unfortunately, sometimes a professional gets it wrong. A service provided falls short, they fail to perform their duties to the levels expected and cause financial or reputational harm to a client resulting in the need for legal action. In professional negligence claims, ATE insurance is particularly valuable because of the high stakes often involved, both in terms of potential liability and financial outlay that could be faced by the client. Professional negligence claims span a broad spectrum of industries, but they share some common traits: they are often complex, costly, and fiercely contested by defendants with deep pockets or insurers ready to ‘fight’. In some cases the losses caused to the client are so significant that the client has no recourse but to choose the legal route for compensation. Addressing a misconception A key part of professional negligence claims is to establish that - A duty of care existed between the client and the professional That the service provided by the professional fell below the level expected. There is a misconception that there must be a written contract for a duty of care to exist, in reality, where there is a written contract in place, a professional's duty of care is limited to carrying out work agreed with the client. However, it is important to remember that where there is no written contract, but a professional undertakes responsibility for a task, they have voluntarily assumed a legal duty... --- > It seems like a balanced report but dig deeper and you'll notice it paints a worrying picture for stakeholders in the UK clinical negligence sector - Published: 2024-10-14 - Modified: 2024-10-31 - URL: https://www.temple-legal.co.uk/news/nhs-reform-and-clinical-negligence-what-lord-darzis-review-means-for-claimant-solicitors-and-stakeholders/ - Categories: ATE Clinical Negligence - News Authors: Matthew Best By Matthew Best, Director - ATE Partnerships, Head of Personal Injury & Clinical Negligence (Estimated reading time: 5 minutes 22 seconds) In the interests of full disclosure - this article includes some AI-generated research content. This enabled us to widen the scope slightly in what we’ve commented on below. We then reviewed the content, checking for accuracy and consistency with our previous views. You may have seen this article in The Law Gazette clinical negligence going in wrong direction - NHS review finds, which was published following a government commissioned review led by Lord Darzi. At first glance, it seems like a balanced report but dig deeper and you'll notice it paints a worrying picture for stakeholders in the UK clinical negligence sector, including claimant solicitors, ATE insurance providers, and defendant bodies such as NHS Resolution. Although the report highlights that NHS clinical negligence claims are now the largest liability on the government's balance sheet, second only to pensions and nuclear decommissioning, it also underlines that the £2. 9 billion spent annually on such claims constitutes only 1. 7% of the total NHS budget. This is a substantial figure, but perhaps not as alarming when placed in the context of the broader NHS financial challenges. Interestingly, the report does not point to lawyers or legal costs as a primary concern. Instead, it emphasises repeated mistakes in the health service— failures that, if avoided, would reduce the number of claims to begin with. NHS Learning from its Mistakes: A Missed Opportunity?... --- > The Clinical Negligence Claims Agreement ("CNCA") has come into effect as of 26 August 2024. It supersedes the earlier Covid-19 Clinical... - Published: 2024-09-02 - Modified: 2024-09-02 - URL: https://www.temple-legal.co.uk/news/clinical-negligence-claims-agreement/ - Categories: ATE Clinical Negligence - News Authors: Matthew Best By Matthew Best, Director - ATE Partnerships, Head of Personal Injury & Clinical Negligence (Estimated reading time: 2 minutes 54 seconds) The Clinical Negligence Claims Agreement ("CNCA") has come into effect as of 26 August 2024. It supersedes the earlier Covid-19 Clinical Negligence Protocol. The Agreement is designed to promote collaboration and to encourage positive behaviour between the NHSR and Claimants involved in Clinical Negligence disputes. It is said that the Agreement will be reviewed every 26 weeks and any party who is a signatory to it has to give 4 weeks' notice of termination. The main points to take away are; This agreement supersedes the Covid Protocol Agreement which has now come to an end; Only members of either SCIL, AvMA’s Lawyer Service and/or an AvMA Panel member are entitled by right to rely on the provisions of the new Agreement; Any extension of the limitation period under the CNCA must be made in writing, in advance of the primary limitation period expiring; The CNCA only applies to claims indemnified under schemes operated by NHS Resolution; Key Features: Emphasis on early disclosure of relevant documentation to help narrow issues and reduce investigation costs; Improved communication protocols, including ongoing acceptance of electronic correspondence and service of documents; Encouragement of pre-action discussions and dispute resolution to avoid unnecessary litigation. The CNCA also includes some useful references to costs: - Interim Payments The CNCA states that parties ought to adopt a reasonable approach to interim payments for both damages and costs. Notably,... --- > As part of our 25th anniversary celebrations we’ve been in touch with some of our longstanding coverholders to find out what we do that - Published: 2024-08-20 - Modified: 2024-08-20 - URL: https://www.temple-legal.co.uk/news/celebrating-25-years-of-partnership-video-testimonial/ - Categories: ATE Clinical Negligence - News Authors: Temple Legal Protection As part of our 25th anniversary celebrations we’ve been in touch with some of our longstanding coverholders to find out what we do that keeps them with Temple. In a video interview about her experience of working with Temple for over 20 years, Gillian Gadsby, Managing Partner at Gadsby Wicks Solicitors, shared her experience during that time with Matthew Best, Temple’s Director - ATE Partnerships and Head of Personal Injury & Clinical Negligence. The interview can be seen below: Below is an extract from the video. “I’ve been working with Temple for more than 20 years and have to say the experience has been an entirely positive one. When CFAs were introduced, we saw that as an opportunity to really give access to justice to all of our clients. I think the products that Temple worked with us to produce enabled us to do exactly that because we couldn’t have provided what we do for our clients without the support of the ATE insurance. What’s unique about Temple is their willingness to consider various options of things that work best for firms who are specialist and who know what they are doing. ” --- > In the spirit of a new government and in the interests of full disclosure - this article includes some AI-generated research content... - Published: 2024-08-14 - Modified: 2024-08-14 - URL: https://www.temple-legal.co.uk/news/the-new-uk-labour-government-implications-for-clinical-negligence-claims/ - Categories: ATE Clinical Negligence - News Authors: Matthew Best By Matthew Best, Director - ATE Partnerships, Head of Personal Injury & Clinical Negligence (Estimated reading time: 3 minutes 31 seconds) In the spirit of a new government and in the interests of full disclosure - this article includes some AI-generated research content. Specifically we asked Chat GPT to ‘Prepare an article for a newsletter aimed at UK clinical negligence solicitors on the impact of the new UK Labour government on legislation and regulation of clinical negligence claims in relation to costs of litigation, mediation, no fault compensation and other topical issues. ’ We then reviewed the content, obviously checking it for accuracy and consistency with our previous views, but were able to widen the scope slightly in what we’ve commented on below. With the recent Labour General Election victory, clinical negligence solicitors may need to be ready for a changing landscape of legislation and regulation. Could the new government's policies significantly impact clinical negligence claims, particularly concerning litigation costs, mediation, no-fault compensation and other topical issues? The observations below are not ones we here at Temple necessarily agree with – more sharing a few thoughts and questions as to what may happen under the new administration and encouraging debate on some new topics that may impact the claimant clinical negligence community. Costs of Litigation One of the most anticipated shifts under the Labour government is the approach to litigation costs. Historically, Labour has advocated for greater access to justice, which includes addressing the financial barriers that impede individuals from... --- > In May, we returned to Northern Ireland to share our new ATE and disbursement funding offering and it received a positive reception. - Published: 2024-08-10 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/northern-ireland-update-an-overwhelmingly-positive-reception/ - Categories: ATE Northern Ireland - News Authors: Oliver White (Estimated reading time: 1 minute 8 seconds) In May, we returned to Northern Ireland to share our new ATE and disbursement funding offering and were delighted it received such a positive reception. Read on to see what happened. We were proud to have the opportunity sponsoring the Belfast Solicitors Association’s Litigation CPD Seminar, during which we enjoyed insightful talks from David Sharpe KC and His Honour Judge Philip Gilpin. It was fascinating to hear David’s observations on the recent Supreme Court decision in Paul v Wolverhampton, one of four Supreme Court cases Temple has insured in the last the 12 months. After this, our very own Matthew Pascall gave an ATE Insurance introduction to attendees, outlining how our ATE insurance is designed to operate in Northern Ireland. No trip to Northern Ireland would be complete without catching up with our valued business partners across the Province over coffee and the occasional Guinness. Building relationships with new firms continues at a pace as we expand our presence there. Following a previous visit at the end of last year, we have spent time reviewing and refining our ATE cover for the Northern Ireland market. This included discussions with local solicitors familiar with our ATE products and who have already insured clients with us. For more information on our Northern Ireland ATE insurance and disbursement funding, please contact our new Northern Ireland co-ordinating underwriter, Oliver White by calling 01483 514870 or emailing oliver. white@temple-legal. co. uk. You may also like to read: https://www.... --- > Our long-term charity partner, QEF provides a range of expert services that enable disabled children and adults to achieve their potential... - Published: 2024-08-06 - Modified: 2024-08-14 - URL: https://www.temple-legal.co.uk/news/queen-elizabeths-foundation-for-disabled-people-new-legal-information-service/ - Categories: Charity - News Authors: Temple Legal Protection By Chris Crooker from the Queen Elizabeth’s Foundation (Estimated reading time: 1 minutes 15 seconds) Our long-term charity partner, QEF provides a range of expert services that enable disabled children and adults to achieve their potential and live their lives as independently as possible. Some of their services include expert neuro rehabilitation and nursing care to help regain core skills following an acquired neurological disability or complex neurological illness. This includes driving assessments, mobility advice and driving lessons to support disabled people and those with age-related impairments. There is also disability awareness training for organisations plus practical support and advice for disabled people considering flight. This year QEF, in conjunction with a handful of selected legal service providers, has developed a Legal Information Service which will enable all QEF clients, as well as their family and friends, access to specialist advice, information and guidance. QEF wants to enable information access to all. This could include clients pursuing a claim for welfare benefits or compensation, to those seeking an understanding employment rights or post brain injury clients needing help navigating complex legal, financial and welfare issues. QEF are looking for specialist solicitors to join their directory to facilitate with this. In addition, QEF would like to speak to potential referrers, case managers and specialists in personal injury and medical negligence so that we can discuss our work further with you. For more information about our expert neuro rehabilitation: https://www. qef. org. uk/service/crc/ For more information about our mobility services: https://www. qef.... --- > It would hardly come as a surprise to most that the introduction of fixed recoverable costs to low value clinical negligence claims is... - Published: 2024-08-01 - Modified: 2024-08-14 - URL: https://www.temple-legal.co.uk/news/expect-the-expected-more-fixed-recoverable-costs-delays/ - Categories: ATE Clinical Negligence - News Authors: Temple Legal Protection (Estimated reading time: 2 minutes 28 seconds) It would hardly come as a surprise to most that the introduction of fixed recoverable costs to low value clinical negligence claims is likely to be delayed further. However, that is where we find ourselves. Below we look at the current situation and consider likely further delays to come. Where are we now? Most in the industry will know by now that the introduction of fixed recoverable costs (FRCs) for clinical negligence claims valued at less than £25,000 has been planned for some time. It was initially scheduled to be implemented in April 2024, with this being pushed back a further six months to October 2024 after announcements in May that more time was needed to prepare and scrutinise the proposals. What can we expect? It now transpires that the proposals are likely to be delayed even further, beyond October 2024. Lord Justice Birss noted in a meeting of The Civil Procedure Rules Committee that there were fundamental issues in relation to the proposals as they currently exist, which require more than minor adjustments to remedy. Whilst simultaneously noting that progress had been made in relation to the drafting, Lord Justice Birss made a point of alerting the committee that, should the summer practice direction update be missed, the changes would not be able to be implemented until April 2025. The issues which appear to remain make the latter a more likely eventuality. To add further uncertainty to an already foggy situation, political... --- > A recent ruling has highlighted that T&Cs don't have to actually be read by a customer, as long as they can easily access them and are... - Published: 2024-08-01 - Modified: 2024-09-18 - URL: https://www.temple-legal.co.uk/news/court-of-appeal-rules-click-wrap-was-enough-to-incorporate-tcs-into-a-contract-for-goods-or-services-made-online/ - Categories: Before The Event - News Authors: EPOQ (Estimated reading time: 2 minutes 25 seconds) A recent ruling has highlighted that T&Cs don't have to actually be read by a customer, as long as they can easily access them and are given enough time to review them. A woman thought she'd won £1 million in the National Lottery's online Instant Win Game when numbers on her screen corresponded to the jackpot prize. However, these numbers didn't flash (which they should have done, according to the game procedures) and other parts of the display indicated that she'd only won £10. When she clicked the 'Finish' button to claim her prize, it was confirmed as £10 and this was credited to her account. Players had to tick a box confirming that they'd read and agreed to be bound by the T&Cs, which were easily accessible by either drop-down menu or hyperlink. This is known as a 'click-wrap' procedure. The company operating the lottery at the time maintained that what the woman saw was a display issue caused by a software coding error and that, based on its T&Cs, she'd only won £10. Believing that she was entitled to the £1 million, the woman brought proceedings against the lottery company, eventually taking her claim to the Court of Appeal. The woman argued, among other things, that she wasn't bound by the click-wrap terms because they weren't properly incorporated into her contract with the company. Therefore, the company shouldn't be allowed to rely on their terms to avoid their liability to pay... --- > We were thrilled recently to celebrate a momentous occasion in our company’s history. To commemorate our 25th anniversary. - Published: 2024-07-15 - Modified: 2024-08-20 - URL: https://www.temple-legal.co.uk/news/a-celebration-in-the-heart-of-the-city/ - Categories: News - News Authors: Laurence Pipkin Temple Legal Protection’s 25th Anniversary Party By Laurence Pipkin, Managing Director (Estimated reading time: 2 minutes 8 seconds) We were thrilled recently to celebrate a momentous occasion in our company’s history. To commemorate our 25th anniversary, a splendid garden party was held at Middle Temple, bringing together friends and colleagues from across the legal services community. It was a privilege to host the event in such beautiful surroundings, right in the heart of the City of London. The celebration was more than just an anniversary; it was a return to our roots. Back in 1999, our founder, Chris Wait, found inspiration for the company’s name during a visit to Temple Tube Station. Although our base has been in Guildford, Surrey, for the past 25 years, and we have expanded our operations to Bristol and Dublin, it felt fitting to celebrate where it all began. Reaching a quarter of a century in business is a milestone we are immensely proud of. The legal and insurance marketplaces have seen significant changes over the years, and these have presented daily challenges that require agility, creativity, and a constant commitment to our clients. Listening to our customers and striving for excellence has always been at the core of our operations. Chris Wait, who founded Temple Legal Protection 25 years ago, understood these principles well. He, along with his wife Joanne, grew the company with an entrepreneurial spirit and steadfast leadership. Chris, who passed away in late 2022, continues to inspire us with his vision... --- > A homeowner wanted to bring an action against a large property developer claiming charges for the maintenance and upkeep of a public open... - Published: 2024-07-03 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/ate-in-action-property-litigation-case-study/ - Categories: ATE Commercial - News Authors: Jamela Collins Case summary A homeowner wanted to bring an action against a large property developer claiming charges for the maintenance and upkeep of a public open space surrounding a housing development they had built. The homeowner no longer lived at the property, the maintenance charges were being backdated and the developer was claiming the charges as a debt to be paid. To challenge the payment of the debt, the legal avenue would be to seek a determination by the Lands Tribunal as to the validity of the restrictive covenant. The public open space was substantial but could not be clearly identified until the development had been completed. In the meantime, the requirements for maintenance and keeping the space tidy were onerous. The case was of importance to all the homeowners in the development as they were all legally bound to contribute to these maintenance charges. Temple provided ATE cover for the client homeowner to make an application to the Lands Tribunal and seek a declaration that the developer was not entitled to enforce the restrictive covenant requiring the homeowners to contribute to the cost of maintenance of the public open space. Outcome The client homeowner was successful in the Lands Tribunal. It was determined that the covenant was invalid and unenforceable against the homeowner. Therefore the debt claimed by the developer against the homeowner was unenforceable and written off. The homeowner may not have had the willingness to bring the case, with the concern as to the risk in their mind,... --- > Over 50% of women with menopause symptoms are negatively affected by them at work. Many even leave their jobs as a result. - Published: 2024-06-20 - Modified: 2024-09-18 - URL: https://www.temple-legal.co.uk/news/the-menopause-and-the-workplace-why-you-should-take-it-seriously/ - Categories: Before The Event, Employment Disputes - News Authors: EPOQ (Estimated reading time: 5 minutes 43 seconds) Over 50% of women with menopause symptoms are negatively affected by them at work. Many even leave their jobs as a result. Offering support can help you keep talented, experienced staff. It's also a legal duty that can protect you from tribunal claims. Rights in relation to the menopause Although the Equality Act doesn't specifically reference the menopause, anyone who's discriminated against or harassed based on their experience of menopausal symptoms is protected by it in the following ways: Disability discrimination Menopausal symptoms can be classified as a disability if they amount to a physical or mental impairment that has a substantial and long-term effect (12 months+) on the person's ability to do their normal day-to-day activities. An employee in this situation could potentially claim any of the following: Direct disability discrimination: When, because of their menopausal disability, their employer treats them less favourably than it treats (or would treat) non-sufferers. Indirect disability discrimination: When a 'provision or criterion or practice' puts them at a particular disadvantage compared to employees without the menopausal disability, and the employer can't show that it's a proportionate means of achieving a legitimate aim. Discrimination arising from disability: When they're treated unfavourably because of something arising from their symptoms, and the employer can't show that it's a proportionate means of achieving a legitimate aim. However, the employer has a defence if they can show that they didn't know, or couldn't reasonably have been expected to know, that the... --- > Temple was approached directly by an Insolvency Practitioner (IP) to provide After the Event Insurance in a case where the IP was... - Published: 2024-05-28 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/ate-in-action-new-insolvency-case-study-misfeasance/ - Categories: Insolvency - News Authors: Sukhbir Kaur Temple was approached directly by an Insolvency Practitioner (IP) to provide After the Event Insurance in a case where the IP was investigating a former director for misfeasance. Case background X was a de jure director of a Company between January 2015 January 2017. It was claimed that when X was not a de jure director he was a de facto director. Y was a de jure director from August 2014 to August 2015. The business operated by the Company was to supply building merchandise to local builders. The investigatory work of the IP found that from 2017 to 2019 monies were paid to X and Y to which they have no obvious entitlement. X and Y were repeatedly asked for explanations for these payments, including during a s. 236 Insolvency Act 1986 interview. Unfortunately, no explanation was provided. The payments under investigation in this case were made to: X in the period of 2017 to 2019 - £50,000 these are all challenged as misfeasant and preferential. Y in the 2017 to 2019 - £45. 000; and a further £25. 000 payment the entire sum is challenged as preferential, and misfeasant. As a de jure director, both X and Y owed various duties to the Company. More specifically they both owed statutory duties to the Company under chapter 2 of Part 10 of the Companies Act 2006 (“CA 2006”) including: A duty to act in accordance with the Company’s constitution and only to exercise powers for which they were conferred... --- > Our long-term charity partner, Queen Elizabeth’s Foundation for Disabled People (QEF) has several fundraising events that you and your teams - Published: 2024-05-16 - Modified: 2024-05-16 - URL: https://www.temple-legal.co.uk/news/qef-challenge-events/ - Categories: Charity - News Authors: Lisa Fricker Our long-term charity partner, Queen Elizabeth’s Foundation for Disabled People (QEF) has several fundraising events that you and your teams can get involved in and show your support. QEF supports almost 10,000 disabled people a year and provides practical advice and life changing expertise, that enables disabled people to achieve their potential and live as independently as possible. Please see a list of their upcoming events as well as details on how to find out more information and how to contact the team. The QEF Events team are more than happy to present to your teams too whether virtually or distance permitting in person. Tandem Skydive, UK-wide - May-September 2024 £395 QEF have teamed up with Skyline Events to bring you this thrilling experience. Airfields across all of the UK! Asics 10k - London 14 July 2024 Registration £25/Sponsorship £250 Live bands, DJs and cheering fans will motivate you along the route, which takes you past Westminster Bridge, The London Eye, Regent Street, and Big Ben. Clay Pigeon Shoot, Surrey - 7 September 2024 £1,125 Team of 5 A great team building or celebratory package for groups of 5 or more. Providing the shooter with detailed tuition in etiquette, gun handling and safety as well as the chance to shoot at 40 simulated clays. The Nuts Challenge, Dorking - 7 September 2024 Registration: £40/Sponsorship £120 The heart-pounding 7-14k assault course right in the heart of Dorking, Surrey. Bacchus Half Marathon, Denbies, Surrey - 8 September 2024 10K: Registration £15 /Sponsorship... --- > Following the success of their first ever workshops for sufferers of Cauda Equina Syndrome, CES Champions are hosting 4 more workshops... - Published: 2024-04-23 - Modified: 2024-04-23 - URL: https://www.temple-legal.co.uk/news/cauda-equina-champions-charity-ces-workshops/ - Categories: Charity - News Authors: Lisa Fricker By Lisa Fricker, Legal Director – Head of Solicitor Services & Quality Assurance (Estimated reading time: 1 minute 32 seconds) Following the success of their first ever workshops for sufferers of Cauda Equina Syndrome, CES Champions are hosting 4 workshops around the UK this year. Everyone with CES is welcome to come whether they've been newly diagnosed or have had it for a long time, so if you have any clients, colleagues, friends or family who may benefit from these workshops, please contact Paige Hargreaves - paige@championscharity. org. uk - to reserve a place. Further details of the workshops can be found below; They have planned FOUR more CES workshops for 2024! The first two are now open for reservations. Sunday 19th - Monday 20th May - Bury, Lancashire (in partnership with JMW Solicitors) Sunday 23rd - Monday 24th June - Borehamwood, Watford (in partnership with Moore Barlow Solicitors) They will also be holding workshops in Birmingham and Sheffield in Autumn/Winter but bookings won’t open until summer. The invitation is open to anyone who has been diagnosed with CES plus a loved one, friend or carer. The workshop will cover all things CES and will provide a welcoming, caring group environment. Each workshop will include: An overnight hotel stay on the Sunday night Three course meal on the Sunday night in the hotel restaurant (as a group) Breakfast on Monday morning followed by the CES workshop (approx. 10am to 3pm) with lunch and refreshments included. The cost of the event... --- > The Supreme Court concluded that “…unless the exception defined by the Alcock line of authority is to become the general rule, a line must... - Published: 2024-04-23 - Modified: 2024-08-22 - URL: https://www.temple-legal.co.uk/news/the-supreme-courts-decision-in-paul-polmear-and-purchase-what-are-the-implications/ - Categories: ATE Personal Injury - News Authors: Temple Legal Protection (Estimated reading time: 58 seconds) The Supreme Court concluded that “... unless the exception defined by the Alcock line of authority is to become the general rule, a line must be drawn somewhere to keep the liability of negligent actors for such secondary harm within reasonable bounds. ” And: “... a category of cases where secondary victims sustain illness as a result of witnessing a death or manifestation of injury which is not caused by an external, traumatic event in the nature of an accident but is the result of a pre-existing injury or disease is not considered as analogous” In simple terms, it means that the state of health of a patient’s relatives is not relevant to treating doctors, even if they might potentially be psychologically affected by witnessing symptoms of a patient’s condition which negligently had not been treated - with the only exception being cases meeting the criteria set out in Alcock. It is noted then that the Supreme Court has set out a policy of significantly restricting the possibility of secondary victims’ claims being able to be pursued. If you have any further questions or observations with regard to this decision, please feel free to contact us on 01483 577877. --- > Temple had already reported in December 2023 that the supplementary consultation on disbursements was taking place with a closing date... - Published: 2024-04-23 - Modified: 2024-04-23 - URL: https://www.temple-legal.co.uk/news/fixed-recoverable-costs-for-lower-value-clinical-negligence-claims-implementation-delay-update/ - Categories: ATE Clinical Negligence - News Authors: Matthew Best By Matthew Best, Director - ATE Partnerships, Head of Personal Injury & Clinical Negligence (Estimated reading time: 1 minute 41 seconds) Temple had already reported in December 2023 that the supplementary consultation on disbursements was taking place with a closing date of 22nd December 2023. As of today the results of the consultation have not been published and according to government website they are still being analysed. Furthermore, the absence of the consultation results has prevented the Civil Procedure Rules Committee from discussing the implementation of the same and minutes from the December 2023 Committee meeting deferred to report on planned costs changes until February 2024. The minutes from the February 2024 meeting have not yet been published, but it seems unlikely that the costs extension for lower value clinical negligence claims could have been discussed in the absence of the consultation results, although there is no certainty in that regard. Finally, it has been reported that there is now not enough time to implement changes with effect on 06/04/2024 as there is now not enough time for the Statutory Instrument to come into force as that would require a 40-day annulment period. Therefore, the general consensus among practitioners seems to be that the new introduction date will likely be October 2024, however - in the absence of any further documents, minutes or reports - it is only a ‘best possible’ guess at the moment. At the time of writing, the Civil Procedure Rules Committee published minutes of their 2nd... --- > At Temple we are constantly striving to improve on our market leading products and services. With this in mind, at the beginning of 2024... - Published: 2024-04-23 - Modified: 2024-04-23 - URL: https://www.temple-legal.co.uk/news/did-you-tell-us-what-you-think-2/ - Categories: ATE Clinical Negligence, ATE Personal Injury - News Authors: John Durbin By John Durbin, Senior Business Development Manager (Estimated reading time: 1 minute 40 seconds) At Temple we are constantly striving to improve on our market leading products and services. With this in mind, at the beginning of 2024 we invited all of our personal injury and clinical negligence coverholders to take part in a short survey. The findings are below. The intention of the survey was not only to find out what we do well but, more importantly, where we can improve. This is a key part of our ongoing commitment to finding out where we can make a real and genuine difference to our customers. The overarching message is that 98% of our coverholders remain satisfied or extremely satisfied with their overall experience of using Temple. When we delved deeper into the results, we were delighted to find we had achieved a higher number of ‘extremely satisfied’ coverholders across ALL questions when compared with the same question set in 2023. For a business that prides itself on customer satisfaction, this is extremely pleasing. We were also given areas where we can improve, and remedies are already being put in place to ensure this happens as soon as possible. The main observations made were refinements to our online policy system such as improved ‘search’ bars to assist with overall functionality. When asked for any additional comments, the inevitable topic of Fixed Recoverable Costs (FRC) was raised. Temple continues to keep a watching brief on its much-delayed implementation, and we will... --- > On 12 July 2023, the Supreme Court confirmed in the Scottish case below that the assessment of whether a possible treatment option is... - Published: 2024-04-23 - Modified: 2024-04-23 - URL: https://www.temple-legal.co.uk/news/montgomery-watered-down-for-practitioners-in-scotland-england-and-wales/ - Categories: ATE Clinical Negligence - News Authors: David Stoker By David Stoker, Senior Underwriter (Estimated reading time: 3 minutes 45 seconds) On 12 July 2023, the Supreme Court confirmed in the Scottish case below that the assessment of whether a possible treatment option is a reasonable one is a matter of clinical judgment. In considering Montgomery, there is a duty of care to inform patients only of all reasonable treatments. This should provide some clarity for practitioners in England and Wales as well. The patient/Pursuer was Neil McCulloch, who died on 7 April 2012 shortly after admission to Forth Valley Royal Hospital (FVRH), having suffered a cardiac arrest at home. The cause of death was pericarditis and pericardial effusion (inflammation of the sac surrounding the heart and a buildup of fluid inside the sac). He was treated as an inpatient on two separate occasions, with a working diagnosis of pericarditis. He was under the care of a medical team, with assistance from a cardiologist, Dr Labinjoh. Dr Labinjoh did not discuss treatment with NSAIDs (nonsteroidal anti-inflammatory drugs). NSAIDs are medicines such as Ibuprofen widely used to relieve pain, reduce inflammation and bring down a high temperature. This was a standard treatment for pericarditis, but Dr Labinjoh considered Mr McCulloch was not suffering from this condition before being discharged. It was argued that this alternative treatment with NSAIDS should have been discussed with the patient, but it wasn’t and that therefore the hospital was negligent. In the lower courts the Pursuers argued that NSAIDs were a reasonable alternative treatment which... --- > On the 4th of March the Rt. Hon. Alex Chalk MP, the Lord Chancellor and Secretary State for Justice, made a statement in the House of Commons - Published: 2024-04-09 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/litigation-funding-government-to-reverse-decision-in-paccar/ - Categories: Funding - News Authors: Matthew Pascall By Matthew Pascall, Legal Director – Head of Commercial (Estimated reading time: 4 minutes 13 seconds) On the 4th of March the Rt. Hon. Alex Chalk MP, the Lord Chancellor and Secretary State for Justice, made a statement in the House of Commons announcing the Government’s intention to introduce legislation to “... address the impacts of the UK Supreme Court judgment in PACCAR, ... ” Read on for our in-depth analysis. The legislation has now been published and introduced in the House of Lords – The Litigation Funding Agreements (Enforceability) Bill. The Bill is commendably short and simply amends section 58AA of the Courts and Legal Services Act 1990 by an adding a new Section 58AA (3) (aa) that states “an agreement is not a damages-based agreement if or to the extent that it is a litigation funding agreement. ” A litigation funding agreement is then defined by adding a new section 58AA (3A): “(3A) For the purposes of this section a litigation funding agreement is an agreement which provides that— (a) a person providing claims management services (“the funder”) is to fund (in whole or in part)— (i) the provision of advocacy or litigation services (by someone other than the funder) to the recipient of the claims management services (“the litigant”), or (ii) the payment of costs that the litigant may be required to pay to another person by virtue of a costs order, and (b) the litigant is to make a payment to the funder in circumstances specified... --- > It is no surprise that during the life of a company all appears to work well and in most cases without a glitch. However those assigned to... - Published: 2024-04-09 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/insolvency-law-once-upon-a-time-there-was-a-company/ - Categories: ATE Commercial, Insolvency - News Authors: Sukhbir Kaur By Sukhbir Kaur, Underwriter (Estimated reading time: 2 minutes 30 seconds) It is no surprise that during the life of a company all appears to work well and in most cases without a glitch. However those assigned to investigating the affairs of a company or other businesses will tell you that most fraudulent activities remain undiscovered until ultimately the company or business closes its doors and ceases trading. Sadly, liquidation is a time when insolvency practitioners will investigate why a company has failed. There are a variety of reasons why companies are investigated, with the most common reason being the interests of creditors and directories duties under the Insolvency Act 1986. This article will explore the duties of a director and the types of fraud being committed. What are a director’s duties? The Companies Act 2006 sets out the 7 duties of a director S171 - Duty to act within powers to Act within powers. S172 - Duty to promote the success of the company S173 - Duty to exercise independent judgment S174 - Duty to exercise reasonable care, skill and diligence S175 - Duty to avoid conflicts of interest S176 - Duty not to accept benefits from third parties S177 - Duty to declare interest in proposed transaction or arrangement Common types of fraud Director’s activities may go unnoticed for many years. In most cases it’s only once a company enters into liquidation that the fraudulent activity shows its ugly head. Insolvency practitioners are seeing common trends when investigating... --- > Temple is currently insuring claims brought by businesses who have relied on brokers to arrange energy contracts but who knew little or ... - Published: 2024-04-09 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/energised-or-bowled-over-claims-for-undisclosed-commission-in-the-business-energy-sector/ - Categories: ATE Commercial - News Authors: Matthew Pascall By Matthew Pascall, Legal Director – Head of Commercial (Estimated reading time: 8 minutes 8 seconds) Temple is currently insuring claims brought by businesses who have relied on brokers to arrange energy contracts but who knew little or nothing about the commission paid by energy suppliers to the brokers. Read on for what we’ve found out. It’s fair to assume that most business energy brokers spend time and effort trying to secure energy at competitive prices for their clients. They are unlikely to provide their services for free. They are also unlikely to invoice energy buyers for their services. Buyers will often give little or no thought as to how the broker is paid. Some will assume that the supplier pays. All the buyer wants is energy at the best possible price and if that is what they think they are getting, what is there to complain about? It is now clear that, until recently, much of the commission that found its way to brokers was paid by the consumer through the price they paid for the energy they consumed. In other words, the cost to the supplier of paying the broker’s commission was simply passed back to the consumer, at times significantly increasing the cost of the energy to the buyer. In a situation such as this, does the buyer have a remedy and, if so, what? There are four important Court of Appeal cases to which reference should always be made: Hurstanger Ltd v Wilson EWCA Civ 299... --- > This is an interesting case under the The Defective Premises Act 1972. (The DPA) that highlights the significance of the Scott Schedule and... - Published: 2024-04-09 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/case-study-on-the-defective-premises-act-1972/ - Categories: ATE Commercial - News Authors: Jamela Collins ‘Mr and Mrs Vainker' is an interesting case that highlights the significance of the Scott Schedule By Jamela Collins, Senior Underwriter (Estimated reading time: 8 minutes 8 seconds) Mr and Mrs Vainker v (1) Marbank Construction Ltd; (2) Mercer and Miller a firm; and (3) SCD Architects Ltd EWHC 667 (TCC). This is an interesting case under the The Defective Premises Act 1972. (The DPA) that highlights the significance of the Scott Schedule and causes of action in tort and under the DPA. Jefford J handed down the judgment. The case against the Second Defendant settled shortly before the Trial. This case arose following the construction of a residential property known as The Croft in Strawberry Hill, Twickenham. The house was constructed by the First Defendant. The Third Defendant were the Architects to the project. The Claimants purchased land and the house that stood on the land in 1999. The former house was demolished in 2003. A standard form JCT Contract was entered into, and work commenced in 2013 with practical completion certified as achieved on 15 May 2014. The Claimants brought a claim due to a number of defects in the house as built. 1. Defective Premises Act The judgment of Jefford J considered the factors under S1 Defective Premises Act 1972 regarding the test for whether the work is done in a workmanlike or, as the case may be, professional manner, with proper materials and so that as regards that work the dwelling will be fit for habitation when completed. The judgment by Jefford J highlights that a claim under the DPA can often... --- > Many of you will know David Pipkin almost as ‘part of the furniture’ at Temple Legal Protection and an integral part of its 25-year history. - Published: 2024-04-05 - Modified: 2024-04-05 - URL: https://www.temple-legal.co.uk/news/temples-25th-anniversary-and-a-big-birthday-for-david-pipkin/ - Categories: Event, Staff - News Authors: Temple Legal Protection (Estimated reading time: 2 minutes 28 seconds) Many of you will know David Pipkin almost as ‘part of the furniture’ at Temple Legal Protection and an integral part of its 25-year history. Below he recalls just two of the wonderful moments in his journey with Temple as he reaches his own personal milestone – celebrating his 70th birthday this month. This has included some 23 years of involvement with Temple (18 years employment so far) which followed on from over 35 years in legal practice! David takes up the story below. 23 years ago a decision at the Court of Appeal in Callery v Gray kickstarted the significant growth of the then fledging ATE insurance market. Back then I was still working in private practice for London insurance law firm Barlow Lyde & Gilbert. I had been instructed by the ABI to intervene as a representative group. The ABI at the time were concerned they would be serving the interests of both the liability and ATE insurers. It proved a difficult position to maintain, but on a personal note I was able to have dialogue with both sides and it set me on a path which led to me joining Temple some 5 years later. The judgment from the Court of Appeal was a cautious one and Temple did not allow themselves to be caught up in the politics of the issues. The judgment itself can be distilled down to establishing the following principles: ATE insurance premiums were recoverable in... --- > Minimum wage and statutory pay rates rise - As well as the usual increases to the figures, there is also a change to the minimum wage bandings - Published: 2024-03-30 - Modified: 2024-09-18 - URL: https://www.temple-legal.co.uk/news/minimum-wage-and-statutory-pay-rates-rise/ - Categories: Before The Event, Employment Disputes - News Authors: EPOQ (Estimated reading time: 42 seconds) As well as the usual increases to the figures, there is also a change to the minimum wage bandings. National living/minimum wage From 1 April, the 21 to 22 age band will be removed and the hourly rates will be: £11. 44 for those aged 21 and over (National Living Wage) £8. 60 for those aged 18-20 (National Minimum Wage) £6. 40 for those aged 16-17 and for apprentices (National Minimum Wage) The accommodation offset (the amount you can deduct from the minimum wage if you provide accommodation to your worker) will rise to £9. 99 per day. Other rates From 7 April, for the following types of payment, the weekly rate will be £184. 03 or 90% of the employee's average weekly earnings (whichever is lower): Statutory maternity pay (week 7 onwards) Statutory paternity pay Statutory adoption pay (week 7 onwards) Statutory parent bereavement pay Statutory shared parental pay On 6 April, statutory sick pay will increase to £116. 75 per week. --- > From April 2024, new laws will increase the protection from redundancy available to anyone pregnant or returning from maternity... - Published: 2024-03-24 - Modified: 2024-09-18 - URL: https://www.temple-legal.co.uk/news/increased-redundancy-protection-during-pregnancy-and-leave/ - Categories: Before The Event, Employment Disputes - News Authors: EPOQ (Estimated reading time: 1 minute 10 seconds) From April 2024, new laws will increase the protection from redundancy available to anyone pregnant or returning from maternity, adoption or shared parental leave. Currently, before making anyone on maternity, adoption or shared parental leave redundant, you must offer them a suitable alternative vacancy, where one is available, before their contract ends. This takes priority over the general requirement to offer suitable alternative positions to other employees at risk of redundancy. From 6 April, new laws will extend the period during which employees in Great Britain must be offered a suitable alternative vacancy: Pregnant employees The protection period starts from the point they tell you that they're pregnant. Employees not entitled to statutory maternity leave (e. g. due to miscarriage during the first 24 weeks of pregnancy) The protection period ends 2 weeks after the end of the pregnancy. Employees returning from statutory maternity leave The protection period lasts until 18 months after either the child's date of birth (if you've been informed of it) or the first day of the expected week of childbirth (if you haven't). Employees on shared parental leave the protection period lasts until 18 months after the child's date of birth or adoption placement, if the employee takes at least 6 consecutive weeks of shared parental leave and doesn't take any maternity or adoption leave. Employees on adoption leave The protection period lasts until 18 months after the child's adoption placement or the date they enter Great Britain... --- > January 20th is the 25th anniversary of Temple Legal Protection, one of the founders and leading lights in the legal expenses insurance... - Published: 2024-01-20 - Modified: 2024-09-04 - URL: https://www.temple-legal.co.uk/news/temple-legal-protection-25-years-at-the-leading-edge-of-legal-expenses-insurance/ - Categories: General - News Authors: Temple Legal Protection (Estimated reading time: 1 minute 26 seconds) January 20th is the 25th anniversary of Temple Legal Protection, one of the founders and leading lights in the legal expenses insurance sector. 2024 will see the company reflect on its involvement in many significant legal and insurance developments and hosting a celebratory year of events and activities. Temple opened for business in 1999. In the early years it insured some momentous cases including ‘Callery v Gray’ in 2002; a landmark judgment that helped establish the ATE industry. Since then, Temple innovations have included delegated authority insurance schemes, ‘staged’ as well as ‘deferred and contingent’ premiums, ‘LASPO friendly’ ATE cover in 2013 and CCA backed disbursement funding in 2017. For commercial disputes, media law has been a speciality – Temple supported the journalist who uncovered the MPs expenses scandal in 2009. In 2011 they backed the first of many (and many still ongoing) phone hacking privacy proceedings as well as the Martin Lewis v Facebook case in 2019. And not forgetting the first employment disputes insurance cover sold by employment lawyers. Commenting on 25 years of insurance innovation, Temple MD Laurence Pipkin said “Since 1999 we have built our reputation for doing things a little differently from our competitors. This is because we value the long game in our business partnerships – not just a short-term win. 2024 will be a time to reflect on those values that were so important to our founder Chris Wait, who passed away late in 2022, as... --- > The Supreme Court handed down its judgment on conjoined clinical negligence cases concerning psychiatric injuries suffered by secondary victims. - Published: 2024-01-15 - Modified: 2024-01-15 - URL: https://www.temple-legal.co.uk/news/landmark-clinical-negligence-secondary-victim-appeal-ends-in-disappointment-for-claimants-at-the-supreme-court/ - Categories: ATE Clinical Negligence - News Authors: Matthew Best By Matthew Best, Director - ATE Partnerships, Head of Personal Injury & Clinical Negligence (Estimated reading time: 3 minutes 42 seconds) The Supreme Court handed down its long-awaited judgment on conjoined clinical negligence cases concerning psychiatric injuries suffered by secondary victims. Specifically, the case of Paul which concerned a failure to diagnose a life-threatening condition that resulted in Mr. Paul’s death. The decision was unfavourable for the claimants in this matter, and thus for many other cases that were stayed pending this decision. The appeal in each case related to a claim by an Appellant for psychiatric illness caused by seeing a traumatic event and death caused by a Respondent's negligence. Following Paul, an application to dismiss the claim in Polmear was rejected but, again, permission was given to appeal. These cases were conjoined and heard before the Court of Appeal who found for the Appellants in Paul and Polmear, and for the Respondent in Purchase. All three cases then came before the Supreme Court, also as a conjoined appeal. The primary issue to determine was simply whether an individual can, as a result of earlier clinical negligence, make a claim for psychiatric injury caused by witnessing the death or other horrifying event of a close relative. In summary, with this judgment the Supreme Court has now determined that witnessing an “accident” (defined as “an unexpected and unintended event which caused injury (or a risk of injury) by violent external means to one or more primary victims") is a necessary... --- > Below we have some extracts from our forthcoming, updated Temple Employment Disputes Insurance handbook, which includes... - Published: 2023-12-14 - Modified: 2023-12-14 - URL: https://www.temple-legal.co.uk/news/ten-steps-towards-business-development-success-for-employment-law-firms/ - Categories: Employment Disputes - News Authors: Temple Legal Protection (Estimated reading time: 4 minutes 1 second) You may be an expert employment lawyer, but how about a helping hand with business development to help you generate more enquiries or convert prospects into new clients? Below we have some extracts from our forthcoming, updated Temple Employment Disputes Insurance handbook, which includes marketing and business development advice. The ability to be able to sell effectively to your prospects can make an obvious difference to your new business enquiries. Step 1 - Review your own network of contacts. Collate prospect email addresses from messages you’ve received, from business cards you may hold and from networking groups you may attend, to find any likely prospects you could approach. At the risk of stating the obvious, LinkedIn is particularly useful for this. Also consider cross-selling opportunities e. g. your commercial litigation team may know of some of their clients who would benefit from your employment disputes insurance package. Step 2 – Identifying and categorising your prospects. Sorting them by geographic location, industry type and size of business are just three ways of compiling and segmenting your list. Online local searches for businesses in particular industry sectors can be a good start e. g. ‘manufacturing companies in xxxxshire’. Trade association websites can also be a good source of potential contacts. Step 3 - Once you have your list of prospects... carry out some research to see what you can learn about their business and current situation by studying their website, customer feedback, social media channels... --- > Temple’s new Commercial Guide to Disbursement Funding and providing a clear explanation of the roles of litigation funding and ATE insurance. - Published: 2023-12-13 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/litigation-funding-and-ate-insurance-for-commercial-disputes-whats-what/ - Categories: Funding, ATE Commercial - News Authors: Matthew Pascall By Matthew Pascall, Legal Director – Head of Commercial (Estimated reading time: 2 minutes 39 seconds) This article is from Temple’s new Commercial Guide to Disbursement Funding and provides a clear explanation of the roles of litigation funding and After-The-Event (ATE) insurance. Also, how funders and insurers such as Temple work together for commercial disputes. Litigation funding or Third Party funding provides funding by way of a non-recourse loan to an individual or company to meet the legal fees and disbursements they will incur in pursuing a claim. The term “non-recourse” means that if the case is not successful, the funder will not look to the litigant to repay the funding. On the other hand, if the litigant is successful, they will pay a multiple of the amount advanced back to the funder at the conclusion of the case. Litigation funding is expensive because of the risk the funder will recover nothing if the case they are funding is unsuccessful. Litigation funding will only work where the damages the litigant is seeking to recover will be significantly more than the amount of the funding. There is no difficulty for Temple to insure a funded client’s case. Though Temple is not a “Third Party funder” and does not fund solicitor’s or counsel’s fees – but we do provide ATE insurance for many cases where those fees are funded. Third Party funders will sometimes make their own arrangements with the client to provide protection in respect of adverse costs; but, where they... --- > This Act has created a raft of reforms affecting residential properties and the construction sectors. The Act was passed to create and ensure - Published: 2023-12-13 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/the-building-safety-act-2022-reforms-affecting-residential-properties/ - Categories: ATE Commercial, Contract Disputes - News Authors: Jamela Collins By Jamela Collins, Senior Underwriter (Estimated reading time: 3 minutes 6 seconds) This Act has created a raft of reforms affecting residential properties and the construction sectors. The Act was passed to create and ensure that there are in place, safety measures for those occupying high risk buildings. In this article we answer two big questions and look at what might happen in the future. This legislation was passed following the Grenfell Tower fire in 2017. The objective of the Act was to learn lessons from the fire and to remedy the systemic issues by strengthening the whole regulatory system for building safety. What buildings are covered under the Act? All existing buildings over 18 metres high or 7 storeys with two or more residential units. There are approximately 12,500 such buildings across England. These will include student accommodation and mixed-use buildings. Under the Act, building owners will be required to manage safety risks with the emphasis on building structural and fire safety issues. Building owners will need to show that they have measures in place to manage the building safety risks and must register their building with The Building Safety Regulator (BSR). The BSR will be responsible for overseeing the building works and ensure that appropriate measures are being implemented to manage compliance. The BSR will be a division of the Health and Safety Executive. What are the building safety risks? Under Part 4 of the Act, these are defined as a spread of fire, a structural failure or... --- > More than 1 in 10 UK businesses reported a moderate to severe risk of insolvency in August 2022. This predicted to continue to rise... - Published: 2023-12-13 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/the-rise-of-insolvency-cases-what-might-be-the-reasons/ - Categories: ATE Commercial, Insolvency - News Authors: Sukhbir Kaur By Sukhbir Kaur, Underwriter (Estimated reading time: 1 minute 35 seconds) Since 2022 there has been a sharp increase in the number of businesses that have become insolvent. In this article we look at the possible reasons for this. According to the Office of National Statistics more than 1 in 10 UK businesses reported a moderate to severe risk of insolvency in August 2022. More recently, Allianz Trade, the trade credit insurance provider, has predicted that business insolvencies in the United Kingdom are set to continue to rise over the next few years. Perhaps there is little surprise the most significant factor forcing UK businesses to cease trading, are current high rates of inflation and correspondingly high interest rates. The speed with which struggling businesses are becoming insolvent is worrying and, sadly, inflation is unlikely to return to the Bank of England target for some time. A steep rise in energy prices is another big factor, followed closely by the cost of raw materials. Temple underwriters continue to identify trends in the ATE applications submitted to us. This includes a rise in applications for cases within the retail and wholesale sectors, closely followed by construction. The level of sophistication with which companies and individuals are trying to defraud creditors is alarming and something we are seeing on a regular basis. As underwriters we’re happy asking the difficult questions to ensure that we fully understand the case. We work closely with solicitors and insolvency practitioners to ensure the best possible outcome... --- > The developments in Artificial Intelligence during the last five years have been staggering, previously the term AI has been used liberally... - Published: 2023-12-13 - Modified: 2023-12-14 - URL: https://www.temple-legal.co.uk/news/entering-the-chinese-room-ai-the-insurance-sector-and-the-future/ - Categories: Technology - News Authors: Laurence Pipkin By Laurence Pipkin, ACII, Chartered Insurance Underwriting Agent, Managing Director (Estimated reading time: 3 minutes 33 seconds) The developments in Artificial Intelligence during the last five years have been staggering, previously the term AI has been used liberally often with little understanding behind it. Algorithms have been used for centuries to programme calculations on stone tables in Babylonia to more recently computers - all with the aim or making our lives easier and increase our own efficiency and productivity. Most algorithms are exclusively built and managed by their creator; the intelligence rests with these controllers and not with the programme or machine itself. However it is clear with the developments in machine learning - where computers effectively design and deliver their own algorithms to solve problems - we are stepping away from the human control of the process and allowing the artificial intelligence to truly shape the process. In the last 18 months with the release of Chat GPT and Microsoft Bard amongst many other AI powered chatbots there is no doubt that accessibility and awareness of AI has exploded in the consciousness of the general public. By now I’m sure we have all encountered a chatbot on an insurance website and, most of the time, this has improved the experience and felt like speaking to a real person. The Turing Test is a very well-known concept to test a machines ability to exhibit intelligence equivalent to a human. The test was proposed by Alan Turing in 1950 in order... --- > Temple Legal Protection has been proud to partner with Kent Law Society (KLS) for a second year. Last year we agreed to work more closely... - Published: 2023-12-13 - Modified: 2023-12-13 - URL: https://www.temple-legal.co.uk/news/kent-law-society-a-rewarding-partnership/ - Categories: ATE Commercial - News Authors: Laurence Pipkin By Laurence Pipkin, ACII, Chartered Insurance Underwriting Agent, Managing Director (Estimated reading time: 1 minute 15 seconds) Temple Legal Protection has been proud to partner with Kent Law Society (KLS) for a second year. Last year we agreed to work more closely in conjunction with KLS to support one of our valued customers Nick Fairweather (CEO and Head of Medical Negligence at Fairweathers) during his presidential year. After an extremely rewarding year meeting the members of KLS and supporting both personal development and social events held by the society we are delighted to be continuing the partnership during Louise Duckett’s presidential year. Louise Duckett (pictured right) kicked off her Presidential year in style at the sell-out Kent Law Society Annual Dinner and Awards on 12 May at the Mercure Great Danes Hotel in Maidstone. In her welcome speech Louise said: "As I have asked you all to pledge your time... it's only fair that I will be making my own pledge. Every month of my Presidential term, I pledge to enter an event or activity to try to raise funds by way of sponsorship... including runs, sea dips and cycling. "So watch out on social media for the first event - I would welcome your company along the way. " We look forward to supporting and working closely with KLS again this year. Find out more about Kent Law Society and their annual dinner on their website. If you represent or are a member of a local law society and... --- > The FCA’s Consumer Duty came into force on 31 July 2023. Its aim is to set higher and clearer standards in order to provide positive outcomes - Published: 2023-12-13 - Modified: 2023-12-13 - URL: https://www.temple-legal.co.uk/news/the-fcas-consumer-duty-higher-and-clearer-standards-with-positive-outcomes-for-consumers/ - Categories: Before The Event - News Authors: Laurence Pipkin By Laurence Pipkin, ACII, Chartered Insurance Underwriting Agent, Managing Director (Estimated reading time: 2 minutes 46 seconds) The FCA’s Consumer Duty came into force on 31 July 2023. Its aim is to set higher and clearer standards in order to provide positive outcomes for consumer and protect them from financial harm. Above all the intention is for firms to put customer needs first. The new consumer duty requires firms to act to deliver good outcomes for retail customers by providing greater clarity on the FCA’s expectations and helping firms interpret the four outcomes: These relate to products and services, price and value, consumer understanding and consumer support and each is looked at a little more closely below. FCA authorised firms such as Temple have embedded the principles of treating customers fairly and conduct risk into our values, processes and governance for many years. These principles have ensured fairness and protection for customers. However, we recognise the consumer duty sets a higher bar which ensures that all firms at every stage of engagement should be posing themselves the question ‘Is this the right for the customer? ’ It is clear that distributors of insurance products must consider the following areas in conjunction with the four outcomes: Products and services - Intermediaries should understand the products and services, target market and their role in the distribution chain to the end customer Price and value - Intermediaries should be clear on their role in the distribution chain and that their contribution and cost... --- > An introduction of fixed recoverable costs for clinical negligence claims with a value of up to £25,000 was planned to start from 6th April.. - Published: 2023-12-11 - Modified: 2024-08-22 - URL: https://www.temple-legal.co.uk/news/new-fixed-costs-for-clinical-negligence-claims-with-value-of-up-to-25000-00/ - Categories: ATE Clinical Negligence, Costs - News Authors: Temple Legal Protection (Estimated reading time: 3 minutes 43 seconds) As most practitioners are already aware, an introduction of fixed recoverable costs for clinical negligence claims with a value of up to £25,000 was planned to start from 6th April 2024 and the consultation period closing on 22nd December. However, most recently it was announced that the planned implementation date might be delayed. In this article we take a close look at how the new process will operate – whenever it takes effect. The new process: Fixed costs will only apply to clinical negligence cases which settle at pre-litigation stage with settlement or judgment value between £1,501. 00 and £25,000. 00. The fixed costs regime will be applicable to all cases which were notified on or after 6th April 2024. Stillbirth and neonatal death claims are excluded from the new costs regime, note however that not all fatal accidents claim will be excluded. Cases will be pursued under the standard track or light track process. Once the proceedings have been issued it will fall into the new Fixed Recoverable Costs regime on the basis of complexity/quantum and amount of expert evidence required. On the standard track, a Letter of Claim will be sent to the Defendant. This should include medical records, expert’s report on breach of duty care and causation (up to 3 experts from different disciplines), witness statements (limited to 2 witnesses), any separate report on condition and prognosis and details of losses and supporting documents. The Defendant should respond within 6... --- > Tees Law with the assistance of Temple disbursement funding and ATE insurance, helped a child achieve a multi-million pound settlement. - Published: 2023-12-11 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/ate-insurance-in-action-new-birth-injury-clinical-negligence-case-study/ - Categories: ATE Clinical Negligence - News Authors: David Stoker By David Stoker, Senior Underwriter (Estimated reading time: 1 minute 53 seconds) Recently Tees Law (an expert law firm of ours), with the assistance of Temple disbursement funding and ATE insurance, helped a young child achieve a multi-million pound settlement in a tragic birth injury case. Below is a closer look at how the case unfolded. XYZ’s family was referred to Tees in 2016, just a few months after XYZ was born. XYZ had suffered a skull fracture and brain injury at birth. Tees argued that that this resulted from his traumatic delivery and the negligent use of a single Wrigley's forceps in delivery. Had delivery been managed competently, damage would have been avoided. Liability was denied – the defendant’s position was that the skull fracture was a result of impaction during delivery, not the mechanism of delivery. The case was originally funded with Legal Aid but Tees’ application for Stage 2 funding (such that proceedings could be issued at Court) was refused by the LAA as, amongst other things, they had concerns regarding the merits of the claim, despite supportive expert evidence and Counsel’s advice. Tees therefore reached out to Temple and were able to proceed on a CFA supported by our ATE Insurance. Shortly before a liability trial, at a JSM in July 2021, liability compromised at 70%. Tees then proceeded to deal with Quantum. XYZ is now 7 years of age. His injuries include: - mixed spastic and dystonic tetraparesis cerebral palsy, GMFCS II/III; - cognitive impairment,... --- - Published: 2023-12-11 - Modified: 2024-01-03 - URL: https://www.temple-legal.co.uk/news/breaking-new-ground-with-existing-values-temples-northern-ireland-product-launch/ - Categories: ATE Northern Ireland - News Authors: Fraser Barnstaple By Fraser Barnstaple, Underwriter (Estimated reading time: 1 minute 40 seconds) In October, we launched our refreshed ATE insurance range for the Northern Ireland market. This culminated in a visit to Belfast and Derry/Londonderry, where we met with current and prospective business partners and hosted a launch event. Below we reflect on an overwhelmingly successful occasion. Discussions with both new contacts and existing lawyer friends at the launch were focused our new ATE insurance for Northern Ireland solicitors. The main features of it are that it includes disbursement funding, competitive premiums as well as delegated authority. There was a unanimous consensus that the new cover stands alone, both in terms of affordability but also the breadth of services that Temple offer. The structure and workings of the new premiums were very well received, in addition to the availably of disbursement funding - a current rarity in the Northern Ireland market. However, discussion was not just concentrated on what Temple now has on offer, but also looked at how we’ve already helped our law firm customers and their clients. They provided hugely positive feedback on our speed of service, our willingness to provide insurance at an early stage in the life of a case and how the provision of disbursement funding has allowed them to take on cases that would otherwise have been turned away due to lack of funding. With a great combination of new features and existing values, the message from the solicitor participants was clear - Temple is... --- > Temple have remained as committed as ever in supporting our chosen charities throughout the year, wherever possible... - Published: 2023-12-11 - Modified: 2023-12-11 - URL: https://www.temple-legal.co.uk/news/charities-update-2023-quite-a-year-supporting-some-very-worthy-causes/ - Categories: Charity - News Authors: Lisa Fricker By Lisa Fricker, Solicitor Services Manager (Estimated reading time: 2 minutes 51 seconds) Temple have remained as committed as ever in supporting our chosen charities throughout the year, wherever possible by attending fundraising activities, conferences and providing sponsorship. Below we take a closer look at how we got on with some very worthy causes. Queen Elizabeth's Foundation for Disabled People (QEF) At the beginning of November, we hosted a drinks reception in the prestigious Lincoln's Inn, London, in aid of QEF and - despite the best efforts of storm Ciaran to disrupt plans - the event was a great success, raising support and awareness for the charity. It is vitally important that companies such as ours, recognise the work charities do and remain committed to charitable endeavours; especially as the pandemic and now the rise in the cost of living is having a detrimental impact on services that they can offer. Just this year, QEF had to make some difficult decisions in relation to services they could offer and unfortunately had to close their Independent Living Service. This is why Temple remain committed to our values in this area, as without this support from the business community it is increasingly difficult for charities to continue with their essential and worthwhile work. For more details on the work carried out by QEF, please visit their website https://qef. org. uk. The Child Brain Injury Trust (CBIT) We have continued to attend numerous events during 2023 in support of CBIT, starting with the... --- > Cauda Equina Syndrome is a rare and severe type of spinal stenosis where all of the nerves in the lower back become severely compressed. - Published: 2023-09-28 - Modified: 2023-09-28 - URL: https://www.temple-legal.co.uk/news/cauda-equina-syndrome-update/ - Categories: ATE Clinical Negligence - News Authors: Lisa Fricker By Lisa Fricker, Head of Solicitor Services & Quality Assurance (Estimated reading time: 1 minute 9 seconds) Cauda Equina Syndrome is a rare and severe type of spinal stenosis where all of the nerves in the lower back become severely compressed. Typically, but not exclusively, it results from a prolapsed disc bulge and the condition requires urgent hospital admission and timely surgery (usually decompression of the disc). The longer it goes untreated, the greater the chance it will result in permanent paralysis and incontinence. The most common causes of Cauda Equina Syndrome are - Traumatic injury Disc herniation Spinal Stenosis Spinal tumours Inflammatory conditions Infectious conditions Clinical negligence Recently, NHS Resolution carried out a study and found that from January 2008 to December 2018, NHS Resolution received 827 claims for incidents of cauda equina syndrome. Out of these 827 claims, 340 were settled with damages, 212 were without merit and a further 275 remain open. This has cost the NHS £186,134,049 so far which includes payments for claimant legal costs, NHS legal costs and damages. Cauda equina syndrome are highly challenging cases to pursue on both breach and causation, and careful analysis is required by the medical practitioner, solicitor and medical expert when assessing the merits of a case. Careful attention is also required in relation to the timelines involved and litigators should test, test, test their expert evidence. The above information was edited from the slides provided at an MBL seminar entitled ‘Cauda Equina Syndrome - Red Flags, Expert... --- > On 26th September, we hosted a webinar covering the upcoming Fixed Recoverable Costs changes for our valued partners and cover holders. - Published: 2023-09-27 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/an-overview-of-the-fixed-recoverable-costs-regime/ - Categories: ATE Clinical Negligence - News Authors: Matthew Best By Matthew Best, Director - ATE Partnerships & Head of Personal Injury & Clinical Negligence On 26th September, we hosted a webinar covering the upcoming Fixed Recoverable Costs changes for our valued partners and cover holders. John Ivory joined as the guest speaker and provided an informative and interest presentation on the changes. Such changes included those which have already occurred, those to come into effect on 1st October 2023 and also the governmental response to the Ministry of Justice consultation on fixed costs and the potential changes which may be borne out of this in April 2024. John delved into the workings of the intermediate track and the complexity bands within the same. The webinar provides a practical outlook on the effects of the changes before offering views and predictions on the consequences of the new regime in these turbulent times. The webinar concludes with a live Q&A session. If you have any views or questions arising out of this webinar, please feel free to email john. ivory@keithbintley. co. uk or matthew. best@temple-legal. co. uk. --- > Temple Legal Protection are proud to have sponsored the recent Quantum Claims charity golf challenge for Childrens hospices across Scotland. - Published: 2023-09-27 - Modified: 2023-09-27 - URL: https://www.temple-legal.co.uk/news/charity-golf-challenge-for-childrens-hospices-across-scotland-chas/ - Categories: Charity - News Authors: Temple Legal Protection Temple Legal Protection are proud to have sponsored the recent Quantum Claims charity golf challenge. The money raised has been sent to Childrens hospices across Scotland (CHAS). CHAS provide a full family support service for babies, children and young people with life-shortening conditions. For more information on this amazing charity please visit https://www. chas. org. uk Thank you to all of those who took part. --- > We work in partnership with leading specialist litigators, experts and barristers who are highly experienced with Cauda Equina Syndrome (CES) cases. - Published: 2023-09-15 - Modified: 2023-09-15 - URL: https://www.temple-legal.co.uk/news/cauda-equina-syndrome-cases/ - Categories: ATE Clinical Negligence - News Authors: Temple Legal Protection Our history, some case characteristics - and your opportunity (Estimated reading time: 3 minutes, 42 seconds) We work in partnership with a small number of leading specialist litigators, experts and barristers who are highly experienced with Cauda Equina Syndrome (CES) cases. Our underwriting results reflect this and our expertise is second-to-none. The reason for bringing this to your attention is that we have a collaboration opportunity available for a small number of law firms looking to develop their expertise in CES litigation. These cases have received a high level of press coverage recently and, for the right clinical negligence team, could boost your fee-earning - as well as providing access to justice for claimants who have suffered as a result of a misdiagnosis. BBC News recently highlighted Cauda Equina Syndrome (CES) cases as an area of clinical negligence which is costing the NHS millions in compensation payments because of its failure to identify and treat a crippling back condition. Case characteristics CES results where time is lost in operating to release pressure on the lower spinal cord, when pressure is exerted on it by a slipped disc. Such pressure must be released otherwise the nerves leading to the legs, bladder and elsewhere could be permanently damaged. It is unpredictable - CES can emerge over a few days of increasingly worsening symptoms, or can spontaneously and rapidly take place to its full degree. Doctors must be alert. Red flag warning signs exist and should be well-known to GPs and A&E doctors.... --- > In this case Temple is the insurer of the Claimant who found herself having to respond to a complex strike-out application... - Published: 2023-07-19 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/whats-up-with-whatsapp/ - Categories: ATE Commercial - News Authors: Matthew Pascall FKJ v RVT, QGN & CBN EWHC 411 (QB) & (subsequently) FKJ v RVT EWHC 3 (KB) Private messages in a Work Setting – Misuse of Private Information - Abuse of Process & Strike Out – References to the terms of a Pt 36 offer at an interlocutory hearing. By Matthew Pascall, Legal Director - Head of Commercial (Estimated reading time: 9 minutes 43 seconds) Temple has a well-deserved reputation as a leading ATE insurer for claimants pursuing privacy and related media claims. In this case Temple is the insurer of the Claimant who found herself having to respond to a complex strike-out application and an associated appeal prompted by the Defendants’ ultimately abortive efforts to stifle her legitimate claim. The Claim The Claimant (C) was a solicitor and had worked for two law firms of which the First Defendant (D1) was the managing partner. She was dismissed for alleged misconduct and subsequently presented a claim to the Employment Tribunal (ET) alleging that D1 had sexually harassed her. In defending her ET claim, D1 referred to a large number of C’s WhatsApp messages (18,000! ) in order to attack her credibility and argue that her ET claim was contrived and that much of the activity of which she complained had been either consensual or did not happen. Her ET claim was dismissed but she proceeded to issue a privacy claim against D1 and the two associated firms. In her privacy claim C alleged that D1 had hacked into her WhatsApp... --- > As the amount of personal data stored and transferred electronically increases at an exponential rate, data breach claims are... - Published: 2023-07-19 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/whos-nicked-my-data/ - Categories: ATE Commercial - News Authors: Matthew Pascall Data Protection Claims from an ATE Underwriter’s Perspective By Matthew Pascall, Legal Director and Senior Underwriting Manager (Estimated reading time: 6 minutes 25 seconds) As the amount of personal data stored and transferred electronically increases at an exponential rate, data breach claims are going to form an ever-increasing part of the media cases we insure. In this article we take a closer look at this trend. How do ATE underwriters approach these claims? In a word, cautiously. Experienced, expert litigators There can be a tendency with an area of law that suddenly seems to open up an avenue for high volume litigation, that everyone becomes an overnight expert and has access to thousands of potential claimants needing insurance. Step one is thus to look carefully at the track record of the solicitors who will be handling these cases and the counsel they instruct. They need to demonstrate experience and expertise both in terms of the law and in the management of high volume litigation where the firm might be representing hundreds if not thousands of clients, each with slightly different claims. The facts What actually happened? I am no data expert but as an underwriter I need to know, in layman’s terms, what data was mishandled, how it was mishandled, what happened to the data (permanently lost, passed to unknown third parties and/or simply unavailable for a period of time). Expert evidence will often be useful if not vital to untangle the details of the relevant data breach. An ICO... --- > Temple is the leading after the event insurer in defamation and privacy cases and also provides disbursement funding for these matters. - Published: 2023-07-19 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/defamation-and-privacy-a-cautionary-tale/ - Categories: ATE Commercial - News Authors: Andy Lyalle By Andy Lyalle, Senior Business Development Manager (Estimated reading time: 2 minutes 42 seconds) The perception that many people have about defamation and privacy law reminded me of a comment made by the comedian Stewart Lee when describing David Cameron and Ed Miliband going head-to-head in the 2015 general election. He said that they were “like two rats fighting over a courgette that has fallen into a urinal. The main difference being that the David Cameron rat is wearing chinos, in an effort to win over the youth vote”. This sentiment was rife during and after some notable high profile defamation and privacy law cases that have been heard over the last 12 months. It is for the rich and famous who are as bad as each other and not for those with real problems. This is a brief cautionary tale to remind the reader that the claimant could be you or me and that fortunately we are actually in a position to do something about it. It should be said that there are plenty of worthy cases brought by celebrities, politicians and businesses who have built up a reputation over many years and why should that be destroyed by a tweet or newspaper article? Why should they put up with their ‘phone being hacked and it leading to family breakdowns? Creating a level playing field and opening up access to justice are two key benefits of after the event insurance and particularly relevant in defamation and privacy cases. A... --- > The gig economy and zero-hour contracts have been growing in significance and scale in recent years. However, they raise major... - Published: 2023-07-19 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/the-emerging-shadow-of-the-gig-economy-within-uk-labour-law-unstable-working-hours/ - Categories: ATE Commercial - News Authors: Temple Legal Protection (Estimated reading time: 4 minutes 3 seconds) The gig economy and zero-hour contracts have been growing in significance and scale in recent years. However, they raise major issues concerning levels of worker protection in terms of working time. Much labour law literature covering working time focuses on overworking, however, this article seeks to problematise an issue more specific to gig economy workers and workers on zero-hour contracts. Namely, unstable working hours. The following discussion will begin by outlining the rise of the gig economy and the importance of stable working hours, before going on to explain how the law has not countered this rise with adequate protections. The dangers and rise of the gig economy By unstable hours, this article means working hours that are unguaranteed and also subject to frequent change. In research conducted, two primary dangers of unstable working hours were identified. One is household economic insecurity because varied hours leads to volatility in pay, which in turn leads to financial stress. Additionally, unstable hours create a work-life conflict because it is far harder to plan non-working life around work, which in turn leads a worsening of health and wellbeing. The gig economy is growing on a tremendous scale, with the gross volume of gig transactions estimated to reach $455B by 2023. It covers many industries, and well-known market players include Uber, Airbnb and Amazon Flex. However, gig economy workers work only work when the opportunity or ‘gig’ presents itself. They are often subject to unstable working hours,... --- > We’re probably familiar with the term “match fixing”; when betting syndicates persuade key players in a match to “fix” games. - Published: 2023-07-19 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/theres-a-lot-of-competition-in-football/ - Categories: ATE Commercial - News Authors: Temple Legal Protection (Estimated reading time: 2 minutes 24 seconds) We’re probably familiar with the term “match fixing”; when betting syndicates persuade key players in a cricket or football match to “fix” games for cash. We’re probably not so familiar with “price – fixing” in the context of football. In this article we take a look at what happened at the end of last year. This came to the fore regarding the sale of Scottish Premier League side Rangers F. C’s replica football kits. The Competition and Markets Authority, the UK’s primary competition authority, imposed fines totalling over £2 million on Elite Sports, JD Sports and Rangers FC after they admitted fixing the prices of certain Rangers merchandise. The fine is sizeable and intended (as with any fine) to act as a deterrence and to deter businesses from engaging in the same or similar anti-competitive activity. The maximum penalty allowed by statute is 10% of the worldwide turnover of the undertaking in its last business year. Elite, JD Sports and Rangers colluded to fix the retail price of Rangers shirts and branded kits. Elite’s position was as the only wholesale supplier as well as the largest retailer of Rangers-branded clothing products during the period of the infringement. JD Sports’ position was as the only major retailer of Rangers branded clothing products. Rangers participated in the agreement and/or concerted practice to fix the retail price of its “RFC H18” shirt. Competition is the lifeblood of a market economy and free and fair competition is... --- > ATE insurance and disbursement funding options so that we can work together to review what you require for your firm and clients. - Published: 2023-07-19 - Modified: 2023-07-20 - URL: https://www.temple-legal.co.uk/news/one-case-at-a-time-and-it-didnt-cost-you-a-dime-flying-solo-with-temple-legal-protection/ - Categories: ATE Commercial - News Authors: Andy Lyalle By Andy Lyalle, Senior Business Development Manager (Estimated reading time: 2 minutes 30 seconds) I have a habit that is unfortunate for anyone who is around me at the time. A song can jump into my head, and I will proceed to sing it or repeat a bassline, drum beat etc. I have previously included Jessie J and the Spice Girls in articles that have provoked such an outburst and today’s title is from a Johnny Cash classic. Rather than “one piece at a time” by The Man in Black I am referring to Temple Legal Protection and our “Solo” offering. We have designed our suite of ATE insurance and disbursement funding options so that we can work together to review what you require for your firm and clients. Our “Espresso” offering may be appropriate for a segment of cases that have a uniformity about them and therefore a fully delegated scheme. It may be more appropriate to design a tailored, bespoke scheme via our “Concierge” product. You may end up with an “Espresso” and a “Concierge” scheme for different parts of your non-injury litigation business. I meet with many solicitors and there are a few common questions asked for clarity such as “Do we need counsel’s opinion when sending you a case? ” “Does the case need to be funded via a CFA? “Are there minimum volumes? ” The answer to all three is no and we are very happy to receive individual enquiries. This is the “Solo” option.... --- > As a lawyer who worked in-house for Temple for over 15 years, I was asked to define what in-house lawyers do. - Published: 2023-07-19 - Modified: 2023-07-20 - URL: https://www.temple-legal.co.uk/news/calling-all-in-house-lawyers-ate-insurance-and-funding-can-save-the-day/ - Categories: ATE Commercial - News Authors: David Pipkin By David Pipkin FCILEX, NED Temple Legal Protection (Estimated reading time: 3 minutes 49 seconds) As a lawyer who worked in-house for Temple for over 15 years, I was asked to define what in-house lawyers do. I said they typically work within a specific company or organisation and provide legal advice and guidance to the company's management and employees. This article is based on my personal experience takes a look at their role and how ATE insurance and disbursement can help. The role of in-house lawyers can vary depending on the industry, size and structure of the company. Some common responsibilities of in-house lawyers include drafting and reviewing contracts, managing legal disputes, and ensuring compliance with laws and regulations. It is important for in-house lawyers to stay up-to-date on changes in relevant laws and regulations that may affect the company they work for. The reality is that those rules are diverse and cover a huge range of industries from insurance, banking and manufacturing to charities and local government. My own role was to direct the Insurance Underwriting division and my legal qualification and experience was critical to this function. By the time I took up this role, ATE insurance had become embedded in the personal injury and clinical negligence claim process. Over the next decade or so, more and more commercial litigation lawyers realised the importance of ATE insurance and funding (especially disbursements) but very few in-house lawyers did so. In-house lawyers who have a litigation role may need access... --- > At the end of last year Matthew Pascall and Matthew Best joined to the Temple board of directors. Watch our 5-minute video. - Published: 2023-07-18 - Modified: 2023-07-18 - URL: https://www.temple-legal.co.uk/news/meet-the-matthews-a-video-introduction-to-the-two-new-directors-at-temple-legal-protection/ - Categories: General, Staff - News Authors: Temple Legal Protection At the end of last year Matthew Pascall and Matthew Best joined to the Temple board of directors. In this 5-minute video they share their views on their new roles including the priorities and challenges they face. Their skills are complimentary. Before taking on their new roles Matthew Pascall had been a barrister for over 30 years and Matthew Best an underwriter with Temple for nearly 12 years. Both have long-term commitment to Temple’s core values and culture of delivering long-lasting business relationships with innovative ATE insurance and disbursement funding that deliver best value for Temple’s partner law firms. When asked about their respective appointments, Matthew Best commented “Working with my team over the next 12 months, I’m looking forward to building even stronger relationships with our existing coverholders. This includes working collaboratively with them on challenges such as the forthcoming CPR changes - and always keeping things straightforward - so that Temple continues to be a truly trusted insurance partner” On his appointment, Matthew Pascall commented “I’m looking forward to getting to know more about the wider aspects of the business; what we do, and indeed what we can do better - with the aim of further building our reputation for reliability. Again, trust is a key theme - our partner solicitors depend on us, especially at difficult moments in a case. Flexibility is another commitment from Temple – commercial litigators should look out for bespoke policies for specific sectors, customer firms or indeed a particular case. ” Director... --- > Congratulations to David Pipkin after conquering Snowdon as part of The Push 2023 challenge, all in aid of the charity Back Up. - Published: 2023-07-11 - Modified: 2023-11-21 - URL: https://www.temple-legal.co.uk/news/david-pipkin-conquers-the-snowdon-push-challenge/ - Categories: Charity - News Authors: Temple Legal Protection Congratulations to David Pipkin of Temple Legal Protection after conquering Yr Wyddfa (AKA Snowdon) as part of The Push 2023 challenge, all in aid of the charity Back Up. David joined a team from national law firm Shoosmiths to help full time wheelchair user Jo Wright up the tallest mountain in Wales. Thank you to everyone who has donated to this amazing cause. David and Shoosmiths have contributed to an incredible £83,600 raised by Back Up, so far! Everything raised will mean more people with a spinal cord injury can get the support they need. Please click here if you would like to make a donation. --- > David Pipkin is joining a team from national law firm Shoosmiths to get full time wheelchair user Jo Wright to the top of Snowdon. - Published: 2023-06-15 - Modified: 2023-06-15 - URL: https://www.temple-legal.co.uk/news/david-pipkin-taking-on-the-snowdon-push-challenge/ - Categories: Charity - News Authors: Temple Legal Protection David Pipkin of Temple Legal Protection is joining a team from national law firm Shoosmiths to get full time wheelchair user Jo Wright to the top of Yr Wyddfa (AKA Snowdon). All in aid of Back Up. Jo’s Story: Jo is a full time wheelchair user following a Spinal Cord Injury (SCI) 12 years ago. She is utterly terrified of heights and hates being out of control of her wheelchair. So why has Jo agreed to this challenge? The answer is... to raise money for a cause very close to her heart: The Back Up Trust. Back Up claims to transform lives after SCI. They did it for Jo. Acquiring an SCI is a devastating event for the whole family. Life gets very dark. One day during her 7 months in hospital some smiley people in bright orange T-shirts offered to teach her how to use a wheelchair. This was Back Up! On discharge Jo attended a Back Up activity course for a week on Exmoor. Being dropped off by family felt like her first day at school, but when they collected Jo, her kids said they'd got their 'old' mum back. Since then it has been Jo’s privilege to be a trustee of Back Up for 7 years, and Chair for 3. She recently stood down as Chair and thinks it's time to take on this challenge to raise some much needed cash for this fabulous charity. Please click here if you would like to make a donation. Thank... --- > As you may have seen recently in the legal press, the civil procedure rules have been quietly amended to reverse the Court of Appeal’s... - Published: 2023-04-05 - Modified: 2023-04-28 - URL: https://www.temple-legal.co.uk/news/a-reversal-of-fortunes-costs-enforcement-and-the-imminent-cpr-changes/ - Categories: ATE Clinical Negligence, ATE Personal Injury - News Authors: Matthew Best This article was first published in the April 2023 edition of the Law Society’s ‘Litigation Funding’ magazine By Matthew Best, Director - ATE Partnerships, Head of Personal Injury & Clinical Negligence (Estimated reading time: 4 minutes 18 seconds) As you may have seen recently in the legal press, the civil procedure rules have been quietly amended to reverse the Court of Appeal’s decision in Cartwright v Venduct Engineering EWCA Civ 1654, 1 WLR 6137, as approved in Ho v Adelekun UKSC 43, Costs LR 927. The Cartwright decision held that neither a sum paid in accordance with the terms of a Tomlin order, nor a payment of damages made pursuant to acceptance of a Part 36 offer was an “order for damages and interest made in favour of the Claimant” within the meaning of CPR 44. 14(1) and thus was not a sum against which an order for costs in a Defendant’s favour could be enforced. The changes also broaden the scope of the “pot” of money against which enforcement may be made from one that equates to the aggregate amount - in money terms, of damages and interest - to a larger ‘pot’. Namely one that also includes the value of the Claimant’s costs otherwise payable by the Defendant. The principal effect of these changes will impact personal injury proceedings issued after 6th April 2023 This will no doubt have serious funding implications for law firms and their clients. It would be fair to say that some sceptics believe... --- > As everybody may now know, 6th April 2023 will see significant changes to CPR 44.14. From this date defendants will also be able to... - Published: 2023-04-04 - Modified: 2023-04-04 - URL: https://www.temple-legal.co.uk/news/qocs-are-they-thinking/ - Categories: ATE Clinical Negligence, ATE Personal Injury - News Authors: Matthew Best By Matthew Best, Director - ATE Partnerships, Head of Personal Injury & Clinical Negligence (Estimated reading time: 5 minutes 31 seconds) As everybody may now know, 6th April 2023 will see significant changes to CPR 44. 14. From this date defendants will also be able to enforce costs orders up to the aggregate amount in money terms of any settlement, including cases concluding by way of acceptance of Part 36 offers and Tomlin Orders. The principal effect of these changes is that for personal injury proceedings issued after 6th April 2023 an adverse costs order made against a claimant will be enforceable against: a. The award by way of judgment of damages and interest to the claimant, Alternatively, against b. An agreement to pay or settle damages, costs, and interest to the claimant, And against, c. The costs awarded to the claimant. Effectively, the new rule will reverse the decisions in Cartwright v Venduct Engineering Ltd EWCA Civ 1654; 1 WLR 6137 (which precluded enforcement in cases where settlement had been agreed, rather than the court ordering an award of damages) and Ho v Adelekun UKSC 43; 1 WLR 5132 (which precluded the offset of costs against costs). I think it would be useful for us to look at a few scenarios to see what we are dealing with. Damages and costs payable after acceptance of a Part 36 offer Acceptance within “the relevant period”: If either a defendant accepts a claimant’s Part 36 offer, or a claimant accepts a... --- > It seems amazing to think that we are 10 years on from The Jackson Reforms and LASPO - the Legal Aid, Sentencing and Punishment of ... - Published: 2023-03-30 - Modified: 2023-04-04 - URL: https://www.temple-legal.co.uk/news/10-years-of-laspo-what-happened/ - Categories: ATE Clinical Negligence, ATE Personal Injury - News Authors: John Durbin By John Durbin, Senior Business Development Manager (Estimated reading time: 4 minutes 27 seconds) It seems amazing to think that we are 10 years on from The Jackson Reforms and LASPO - the Legal Aid, Sentencing and Punishment of Offenders Act, which came into force in April 2013. In advance of some significant amendments to the CPR, we take a look back at the key moments. Back then, up to 2 months before LASPO was due to kick in, there was plenty of uncertainty; solicitors trying to get clients signed up to CFAs and secure ATE insurance before the deadline. This included cases where legal aid was still available but likely to run out past April 2013. This saw an influx of cases insured; in the first 3 months of 2013, Temple saw 19,640 policies incepted, which at the time was a 360% increase on the same period the previous year. When LASPO started, many insurers (and law firms) felt ‘cheap was best’ when it came to ATE. The general consensus was, because clients would have to pay for their ATE premium, they would baulk at this concept and shop around for the best price. This initially created a ‘race to the bottom’ amongst insurers, which included a certain £1 ATE policy being introduced. It was not long before this approach faltered; many insurers were unable to make a profit and had to cut their cloth accordingly. The result was an increase in premiums as well as some law firms... --- > Temple remains committed to our charitable endeavours. Our aim throughout the year is to organise fundraising events with each charity... - Published: 2023-03-04 - Modified: 2023-04-04 - URL: https://www.temple-legal.co.uk/news/charities-update-2023-shes-shining-fundraising-lunch-hosted-by-the-child-brain-injury-trust/ - Categories: Charity - News Authors: Lisa Fricker By Lisa Fricker, Solicitor Services Manager (Estimated reading time: 1 minute 37 seconds) Temple remains committed to our charitable endeavours. Our aim throughout the year is to organise fundraising events with each charity, as well as participating in events organised directly by the charities to raise much needed funds for exceptionally good causes. This month we have an update from one of the charities we support - the Child Brain Injury Trust (CBIT). Danielle Gibson, Head of Fundraising and Marketing from CBIT sent these kind words - “Thank you so much for braving some adverse weather conditions to join us in Greater Manchester on Friday. Your support means a great deal to the charity, and we were so delighted to welcome you all to the spectacular Halle St Peter’s in Manchester as we shared the stories of some truly inspirational women. We’ve totalled all the fundraising you’ve helped us with for this event. Whether you have sponsored, purchased tickets or participated in our ‘heads and tails’ or Hermes purse draw on Friday whilst at the event, I am delighted to announce that, thanks to you, we were able to raise an amazing £19,865. We’re over the moon with this fundraising total – thank you so much for contributing to this amazing amount that helps us to support the families whom you heard from on Friday. I’m also delighted to announce that we are making a donation to Dame Stephanie Shirley’s charity, Autistica, and a local Manchester women’s charity, out of... --- > As 2022 drew to a close, we invited all of our personal injury and clinical negligence coverholders to give us feedback on... - Published: 2023-02-25 - Modified: 2023-04-04 - URL: https://www.temple-legal.co.uk/news/did-you-tell-us-what-you-think/ - Categories: ATE Clinical Negligence, ATE Personal Injury - News Authors: John Durbin By John Durbin, Senior Business Development Manager (Estimated reading time: 3 minutes 20 seconds) As 2022 drew to a close, we invited all of our personal injury and clinical negligence coverholders to give us feedback on how we had performed during the year, as well as their thoughts on the important developments the market could expect in 2023. One of the questions that we asked was ‘With the recent news that fixed costs are going to be put back to October 2023 at the earliest, please provide us with a quick summary on your thoughts of these proposed changes. ’ As predicted, the question divided opinion, as well as highlighted the uncertainty any potential fixed costs regime will cause. Below are redacted statements from some of our coverholders who kindly shared their thoughts: “We think that there is a risk that this regime will make it more difficult to investigate claims adequately as complexity and value are not necessarily linked and are therefore concerned that this will impact on access to justice, however, until we see how things work in practice it is difficult to know for sure what issues will arise. ” “It will be interesting to see the detail of the regime and whether certain claims, such as fatal claims, will have special provision. The introduction of fixed fees will impact the way we work in that more work will need to be delegated to junior staff and we are less likely to take on lower value claims.... --- > Below we take a brief look back at 2022 to give you a sense of where we might be headed during the coming months. - Published: 2023-02-21 - Modified: 2023-06-01 - URL: https://www.temple-legal.co.uk/news/looking-backwards-and-forwards-personal-injury-and-clinical-negligence-developments/ - Categories: ATE Clinical Negligence, ATE Personal Injury - News Authors: David Pipkin By David Pipkin, Non-Executive Director (Estimated reading time: 2 minutes 45 seconds) Below we take a brief look back at 2022 to give you a sense of where we might be headed during the coming months. There’s the “Paul” case, the retirement of Paul Bonner, new beginnings and plenty more. In what was a very busy 2022, a considerable amount of time was spent visiting law firms and attending events throughout the year discussing topical issues impacting the future of clinical negligence litigation. On many occasions it became clear how disbursement funding was becoming ever more important for claimants in these tough economic times. We gave our take on what we heard at various conferences and continued to comment on issues such as proposed regulatory and procedural changes. We also highlighted a number of significant case decisions, notably the secondary victims’ case of “Paul” - one which Temple insured and has continued to insure for the forthcoming appeal hearing. There was also a multimillion-pound settlement for a case previously abandoned before being taken up by new solicitors and insured by Temple. We published several newsletters during the year focusing on what we felt were important and practical issues that might affect the ATE insurance market. This included fixed costs for lower-value clinical negligence claims, other potential litigation reforms and the developing position for mediation, especially for clinical negligence cases. Elsewhere, it was the end of an era when our Senior Underwriter Paul Bonner announced his retirement. Paul had been one... --- > Temple Legal Protection today announced that Matthew Pascall joined its board of directors on 2nd December 2022... - Published: 2023-02-20 - Modified: 2023-02-20 - URL: https://www.temple-legal.co.uk/news/temple-legal-protection-appoint-matthew-pascall-as-legal-director/ - Categories: ATE Commercial, Staff - News Authors: Temple Legal Protection Temple Legal Protection, a market-leading provider of legal expenses insurance, today announced that Matthew Pascall joined its board of directors on 2nd December 2022. Matthew joined Temple in November 2017 as a Senior Underwriting Manager with overall responsibility for Temple’s Commercial ATE insurance underwriting department. Matthew’s new role sees him joining the board as Legal Director. His responsibility is to ensure Temple’s board of directors receive the appropriate advice to support the strategic growth of the company by providing Temple’s customers with resilient, effective and transparent insurance cover. Alongside his new role Matthew will remain as head of the Commercial Underwriting Department. This will ensure that Temple’s continues to deliver the excellent service and product value expected by solicitors and their clients. Temple’s Managing Director, Laurence Pipkin said “Matthew has led our Commercial Underwriting department during the last five years with great skill and agility; proving himself to be incredibly understanding of the ATE insurance market and the challenges facing our customers. His experience as a barrister for over thirty years means he is ideally placed to advise the board and help to continue to deliver Temple’s market-leading products and services for our coverholders. ” Commenting on his appointment, Matthew said “After five years at Temple, it is an honour and privilege to be invited to join the Board. I look forward to working with my fellow directors and everyone at Temple to continue to deliver effective legal expenses insurance solutions for the legal profession and their clients. ” --- > In this article we asked one of our charity partners, the Brain and Spinal Injury Centre (BASIC), to share their story. - Published: 2022-12-13 - Modified: 2022-12-13 - URL: https://www.temple-legal.co.uk/news/charity-focus-the-brain-and-spinal-injury-centre/ - Categories: Charity - News Authors: Temple Legal Protection Providing rehabilitation and recovery for people with neurological injury and illness At Temple we are committed to supporting our selected charitable endeavours. In this article we asked one of our charity partners, the Brain and Spinal Injury Centre (BASIC), to share their story. Clients and purpose BASIC has been based in Salford for over 30 years. We work with people suffering the effects of a neurological injury or illness, and we support their families too. Our clients and those who care for them have had their lives changed forever because of health events like a traumatic head injury, brain haemorrhage, brain tumour or stroke. Recovery from the damage sustained can take many years, so when people reach the limits of NHS treatment, we take over with our community support. The complex problems can negatively impact many parts of a person’s life, including physical, intellectual, emotional, vocational and social abilities. Clients can have lost the ability to walk or stand, move their arms or balance. Invisible issues include persistent fatigue, memory problems, personality changes and problems with pain. Our clients have also lost key relationships, social and work activities - the very things that make life worth living. Our mission is to rebuild these lives and help people live the way they want to. Services and Support We offer a holistic health service at BASIC, supporting both physical and mental health. Our therapists tailor support for clients to achieve their goals for cognitive, physical, psychological and emotional recovery. Our neuro-physiotherapy suite... --- > In September 2022 there were 1,679 registered company insolvencies, an increase of 16% compared with the same month last year and... - Published: 2022-12-01 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/ate-for-insolvency-cases-security-and-certainty-in-uncertain-times/ - Categories: ATE Commercial, Insolvency - News Authors: Matthew Pascall By Matthew Pascall, Senior Underwriting Manager (Estimated reading time: 2 minutes 43 seconds) In September 2022 there were 1,679 registered company insolvencies, an increase of 16% compared with the same month last year and 11% higher than the figure for September 2019. The statistics for individual insolvencies are less straightforward and do not yet show any significant increase. At the risk of stating the obvious, a prolonged recession is going to lead to an increase in both corporate and individual insolvencies across the whole of the UK over the next few years. To quote Nat King Cole, “There may be trouble ahead. ” Insolvency practitioners need adverse costs protection. This can take the form of an arrangement with a funder who might, in effect, take an assignment of an IP’s causes of action arising out of an insolvency in return for a payment or deferred payment to the funder. We believe we offer a simpler, safer and stronger solution. Simpler: a straightforward after-the-event insurance policy in which the premiums are (i) competitive, (ii) always fully deferred until conclusion of the relevant claim and (iii) contingent on success. Safer and stronger: Temple has been providing ATE insurance for Insolvency Practitioners for over 20 years and our policies come with the backing of RSA, who are “A” rated, one the oldest and largest insurance companies in the UK and now part of the leading global insurance provider Intact. We can provide cover in excess of £1m for any one claim – more... --- > Often defendants do not consider the need for after-the-event insurance as those defending defamation claims are often well-funded and... - Published: 2022-12-01 - Modified: 2022-12-02 - URL: https://www.temple-legal.co.uk/news/defending-the-public-interest-ate-for-defendants-in-defamation-cases/ - Categories: ATE Commercial - News Authors: Matthew Pascall By Matthew Pascall, Senior Underwriting Manager (Estimated reading time: 7 minutes 13 seconds) Banks v Cadwalladr EWHC 1417 Often defendants do not consider the need for after-the-event insurance as those defending defamation claims are often well-funded and resourced publishers who chose to take the risk of paying the claimant’s costs “on the chin. ” Some defendants are not in such a comfortable position. In June of this year Steyn J dismissed Arron Banks’ defamation claim against Carole Cadwalladr. Ms Cadwalladr was a freelance journalist without the support of a publisher behind her. Temple insured her case, ensuring that she was able to defend Banks’ claim free of the risk that, had his claim succeeded, she would have had to pay his costs. By the time the case reached trial, the central issue was whether or not Ms Cadwalladr’s defence of public interest under section 4 of the Defamation Act 2013 would succeed. She also questioned the Claimant’s assertion that he had suffered serious harm. Meaning and Serious Harm The case was concerned, firstly, with words said by the Defendant in a TED Talk. The specific words complained of were: "And I am not even going to go into the lies that Arron Banks has told about his covert relationship with the Russian Government. " At a preliminary hearing to decide the meaning of these words, EWHC 3451, Saini J decided that “the meaning of the material part of the Ted Talk is as follows: that on more than one occasion... --- > One could be forgiven thinking that phone-hacking has been in the news for decades and that the Mirror Group and the News Group must have... - Published: 2022-12-01 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/when-will-time-run-out-to-bring-claims-in-the-phone-hacking-litigation/ - Categories: ATE Commercial, Media - News Authors: Temple Legal Protection (Estimated reading time: 6 minutes 12 seconds) One could be forgiven thinking that phone-hacking has been in the news for decades and that the Mirror Group and the News Group must have very deep pockets and very understanding shareholders. They have of course only themselves to blame in their shameless pursuit of profit and pandering to the public thirst for celebrity factoids and gossip. If soldiers suffer from battle fatigue, doctors from physician fatigue, I wonder if lawyers suffer from litigation fatigue? In April last year Mr. Justice Fancourt (the managing judge for this litigation) heard six summary judgment / strike out applications issued by MGN Limited (“MGN”) relating to breach of privacy claims filed against it. The applications were made against the backdrop of a third trial of a large batch of similar phone hacking claims against MGN listed for hearing in May 2023. The hope and expectation was for these to be the test cases on the back of which the long running and group managed phone hacking litigation could finally be brought to an end. The main thrust of the applications were that the phone hacking activities of Mirror Group journalists had been known about and had been in the public domain for a very considerable period of time and that the claims were now statute-barred. The argument ran that any existing claimant or indeed potential new claimant who relies on articles published about them and their personal lives between 2000 and 2009 knew or must have... --- > In recent years, there has been a trend towards higher ground rents and, consequently, a sharp rise in cases concerning them. In 2012... - Published: 2022-12-01 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/ground-rent-clause-cases-what-makes-a-successful-claim-and-why-use-ate-insurance/ - Categories: ATE Commercial, Professional Negligence - News Authors: Temple Legal Protection (Estimated reading time: 3 minutes 3 seconds) In recent years, there has been a trend towards higher ground rents and, consequently, a sharp rise in cases concerning them. In 2012, the European Court of Human Rights in Lindheim v Norway held Norwegian law, allowing lessees to extend ground rent clauses, as contrary to Protocol 1 Article 1 of the ECHR. Although ground rent clauses in England and Wales are a different matter, it is not inconceivable that they attract a human rights claim in the future. For now though, claimants find compensation in the form of claims pursued on the basis of professional negligence from conveyancing solicitors who negligently failed to advise them about the existence and consequences of ground rent clauses - a matter which Temple has insured on various occasions. What makes a successful claim? Like any other professional negligence claim, the governing principles for these cases were set forth by the Supreme Court in Manchester Building Society v Grant Thornton LLP. Within these principles there some key indicators, specific to ground rent cases, of a successful claim. One indicator is how onerous the ground rent clause was. The more onerous and unreasonable the clause - the greater the expectation on the advisor to flag this up with their client. Clauses that determine the ground rent should double every time a certain amount of years pass (so called ‘doubling’ provisions) are a classic example of an onerous clause. The CMA recently obtained undertakings from 15 developers who agreed... --- > It will come as no surprise to anyone working in-house to know that very soon there will be more lawyers working for in-house legal teams... - Published: 2022-12-01 - Modified: 2022-12-02 - URL: https://www.temple-legal.co.uk/news/calling-all-in-house-litigators-have-you-thought-about-an-ate-insurance-strategic-alliance/ - Categories: ATE Commercial - News Authors: David Pipkin By David Pipkin, Non-Executive Director (Estimated reading time: 1 minute 36 seconds) It will come as no surprise to anyone working in-house to know that very soon there will be more lawyers working for in-house legal teams than there are in private practice. Many of those lawyers will be conducting litigation and whilst they can only act for their employer they will invariably bring a unique experience as they will understand their own industry and commercial issues better than many external lawyers. Perhaps this is why we are seeing more in house lawyers litigating rather than instructing one of their panel lawyers. Over the last decade many commercial litigators have begun to appreciate how important a working knowledge of funding and especially after the event (ATE) insurance has become. From our experience in-house lawyers have been slower to realise the benefits of ATE. Our message to advocate in-house lawyers is to strike up strategic alliance with a reputable ATE insurance provider before a pressing and costly legal dispute is upon them. Here at Temple, our commercial underwriters are working with more and more in house teams to develop tailor-made legal insurance facilities to ensure legal protection cover can be made available promptly, efficiently and at a competitive cost. If you are in a business environment where you are regularly exposed to disputes, Temple can offer you a solution which will endeavour to make sure your company’s bottom line is less exposed to the potentially high cost of litigation. The adverse... --- > A look at the Inheritance (Provision for Family and Dependants) Act 1975 and dispositions being subject to a test of reasonableness in the... - Published: 2022-11-28 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/contentious-probate-making-a-successful-1975-act-claim-are-your-dispositions-reasonable/ - Categories: ATE Commercial - News Authors: Temple Legal Protection (Estimated reading time: 5 minutes 9 seconds) A look at the Inheritance (Provision for Family and Dependants) Act 1975 and dispositions being subject to a test of reasonableness in the light of their increasing usage in contentious probate disputes. There’s also a crucial question the court may ask itself, plus a look at ‘What can ATE insurance do for your clients in 1975 Act claims? ’ What are 1975 Act claims and why do they matter? The Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act) was enacted to codify existing legal principles on making provisions for one’s family members in a will. In essence, the 1975 Act cemented the discretionary power given to the courts by previous legislation and existing case law to rule that reasonable provision should have been made for members of the deceased’s ‘family circle’ in a will, or where the deceased has died intestate. The 1975 Act allows for persons linked to the deceased by marriage/civil partnership, cohabitation, blood, or dependence to apply for an order that the deceased’s estate should make reasonable provisions for them based on that bond. In one way, the 1975 Act underlines a deceased person’s moral obligation to provide for their dependants, maintaining their testamentary rights by subjecting any dispositions to a test of reasonableness in all the circumstances. This article is a whistle-stop tour of those provisions in the light of their increasing usage in contentious probate disputes. It also touches on why ATE insurance is so... --- > This case relates to a delay in diagnosing and treating meningitis and sepsis that settled at a capital equivalent value of £16m. - Published: 2022-11-28 - Modified: 2022-11-28 - URL: https://www.temple-legal.co.uk/news/clinical-negligence-case-study-delayed-diagnosis/ - Categories: ATE Clinical Negligence - News Authors: Matthew Best Multi-million pound settlement for a case previously abandoned This case relates to a delay in diagnosing and treating meningitis and sepsis that settled at a capital equivalent value of £16m. We are pleased to report that one of our major partner law firms in London, Hodge Jones & Allen (HJA), has recently settled a multi-million pound case. Case Details This challenging case involved a young child and a delay in diagnosing and treating meningitis and sepsis. The negligence had already occurred some 7 years before we were asked to insure the matter. When presented to us in 2015, the case was in a distressed state, having been abandoned by other London solicitors after a negative expert’s report and a cancelled Legal Aid Certificate. However, HJA approached us with a positive input from a KC and we were encouraged to offer ATE cover. The critical issue in the case was the impact of delay of some 8 hours after attending at A&E and the commencement of strong antibiotic treatment. Once the breach of duty was established, the case turned on the impact to the outcome caused by the delayed diagnosis and treatment – every hour of delay contributed to a very serious outcome, which involved a life-saving amputation of lower limbs and fingers. Outcome/settlement Judgment was entered in 2020 and the following two years have involved intensive use of various experts in assessing the level of damages, which has recently been agreed at the capital equivalent value of £16m; one of... --- > Temple Legal Protection today announced that Matthew Best has joined its board of directors on 9th November 2022... - Published: 2022-11-24 - Modified: 2022-11-24 - URL: https://www.temple-legal.co.uk/news/temple-legal-protection-appoint-matthew-best-to-its-board-of-directors-as-director-of-ate-partnerships/ - Categories: ATE Clinical Negligence, Staff - News Authors: Temple Legal Protection Temple Legal Protection, a market-leading provider of legal expenses insurance, today announced that Matthew Best joined its board of directors on 9th November 2022. Matthew joined Temple in July 2011 as an After the Event (ATE) insurance underwriter. In 2016 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. Matthew’s new role sees him joining the board as Director of ATE Partnerships. His responsibility is to ensure relationships with solicitors and intermediaries are developed, supported and strengthened resulting in an exceptional customer experience and outcomes. Alongside his new role Matthew will remain as head of the personal injury and clinical negligence Underwriting Department. This will ensure that Temple’s products continue to deliver the value expected by solicitors and their clients, whilst maintaining strong and sustainable underwriting performance. Temple’s Managing Director, Laurence Pipkin said “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 needed to fulfil such requirements means he is an extremely valuable addition to Temple’s board of directors. I look forward to working with him to continue providing market-leading products that support our many longstanding business partnerships. ” --- > Clients lose good cases. Clients settle good cases on poor terms because the adverse costs consequences of losing are potentially... - Published: 2022-11-14 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/professionally-negligent-dont-forget-to-discuss-ate-insurance/ - Categories: ATE Commercial, Professional Negligence - News Authors: Matthew Pascall By Matthew Pascall, Senior Underwriting Manager (Estimated reading time: 3 minutes 20 seconds) Clients lose good cases. Clients settle good cases on poor terms because the adverse costs consequences of losing are potentially catastrophic. Solicitors fail to tell clients about after-the-event insurance or enquire if it might be available. These things happen in every type of case but there is a certain irony if they happen in the context of a professional negligence claim. Your client might have been the victim of someone else’s negligence but you want to be sure they do not become the victim of yours! Temple insure a very large number of professional negligence claims. They vary in value, complexity and the number of those involved. Most of these cases require an individual assessment of the merits by an underwriter – not always an easy task in the post MBS v Grant Thornton world in which we now practice. At times we see a case where it’s pretty obvious something has gone wrong but our old friends causation and quantum are often still problematic as well our new friends scope of duty and nexus. Nonetheless, in the cases we are asked to consider, the solicitor has recognised the need for ATE insurance and sent the case to us to assess. Is it negligent not to discuss funding with a client? The 2011 SRA Code of Conduct (in force up to the 24th November 2019) recommended “discussing how the client will pay, including whether public funding may... --- > When a claimant is insolvent or close to being insolvent whether on a balance sheet or cash flow basis, you can and should expect... - Published: 2022-11-14 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/security-for-costs-and-ate-insurance-threats-applications-endorsements-and-amendments/ - Categories: ATE Commercial - News Authors: Temple Legal Protection (Estimated reading time: 2 minutes 54 seconds) When a claimant is insolvent or close to being insolvent, whether on a balance sheet or cash flow basis, you can and should expect the defendant’s solicitors to make or threaten to make an application for security for costs. Such recourse for the defendant is entirely right and proper and it would be remiss of any defendant’s lawyers not to tackle the issue when a claimant is clearly impecunious. It is also unfortunately our experience that sometimes defendant lawyers use security for costs more as a weapon and pursue it in an intimidating and aggressive manner. Such behavior is often indicative of the defendant’s desire to quickly dispose of what it (the defendant) considers to be a meritorious claim. What kind of asset should a defendant be satisfied with as providing security for its costs? Cash of course is king and clearly provides security for a defendant’s costs. A deed of indemnity from a financially stable parent company or some other corporate entity of similar financial standing could also comprise acceptable security as can an after-the-event insurance policy with an “A” - rated insurer. We at Temple provide after-the-event insurance with Royal & Sun Alliance Insurance Limited as the insurer (it being one of the UK’s biggest insurers). We provide security for a defendant’s costs in the form of an anti-avoidance clause for incorporation into the policy by way of endorsement. This essentially prevents the insurer from voiding the policy for any reason... --- > With the FRC regime being excluded for complex and sensitive claims, knowing what will be excluded is likely to cause a number of problems... - Published: 2022-11-10 - Modified: 2023-02-17 - URL: https://www.temple-legal.co.uk/news/fixed-recoverable-costs-practitioners-view-its-not-just-about-the-money/ - Categories: ATE Clinical Negligence - News Authors: Temple Legal Protection (Estimated reading time: 1 minutes 48 seconds) With the FRC regime being excluded for complex and sensitive claims, knowing what will be excluded is likely to cause a number of problems for practitioners, especially within the first few years of the rules coming into effect. Joanne Westbrook from Attwaters Jameson & Hill expressed the following in respect of the proposed changes. “While I welcome measures to improve health care services, I am concerned that these measures will have the opposite effect. In over 30 years as a claimant solicitor, I have witnessed how legal costs have justifiably been incurred when fighting for patients faced with denials of liability from health care providers. The monetary value of a claim is not necessarily an indicator of the seriousness or complexity of a case. A vast number of deserving patients have claims that are not worth over £25,000 but suffer terrible medical care. Elderly patients who have no lost income and no dependants may not be entitled to damages over £25,000 and yet the neglect they can experience is terrifying and will not be improved if the health care providers are not challenged and continue with their misconception that they have provided satisfactory care. By restricting the costs that can be claimed, it quite simply prevents access to justice. Medical negligence lawyers want to do the best for their clients and get them the justice they deserve, but they operate within commercial restrictions and cannot incur costs that will never be recoverable. Consequently,... --- > Fixed Costs - With the GB pound sinking to an all-time low against the US dollar what else could our leaders do to make things worse? - Published: 2022-10-26 - Modified: 2022-10-26 - URL: https://www.temple-legal.co.uk/news/fixed-costs-a-fix-that-doesnt-fix-what-needs-fixing-part-2/ - Categories: ATE Clinical Negligence - News Authors: Matthew Best By Matthew Best, Senior Underwriting Manager (Estimated reading time: 2 minutes 3 seconds) With the GB pound sinking to an all-time low against the US dollar during the government original budget proposals - what else could our leaders do to make things worse? Well, for the legal sector, guess what... Sadly, but perhaps unsurprisingly the hot topics from our last newsletter remain. It’s not a pretty picture for claimants as the principles of (access to) justice are being removed, slowly but surely. There is still no word from the Government as to if, why and how fixed recoverable costs (FRC) are going to happen. The October deadline for implementation has been scrapped. We are now looking, at the very earliest, April 2023 for its introduction. In a recent survey we conducted amongst claimant and defendant representatives, over 40% of you said that FRC can work. Interestingly, 25% of those are from a claimant background. When asked for the reasons for their answer, it simply came down to cost. If the figures are set reasonably, there is no reason it cannot work. When asked whether the participant’s law firm would still run FRC cases, around 50% said no, with 35% of those already stopping marketing those cases. That percentage, although foreseeable, really does show that the door to justice is being forced shut. Where will clients with legitimate cases go to get answers? One article published recently suggested that law firms might be forced to deduct 50% from damages to survive... --- > In Primekings v King the Court of Appeal recently confirmed the validity of the approach in Graham v Every... - Published: 2022-08-12 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/fair-rules-for-unfair-prejudice-claims-primekings-ors-v-king-ors-2021-ewca-civ-1943/ - Categories: ATE Commercial - News Authors: Temple Legal Protection (Estimated reading time: 1 minute 23 seconds) In Primekings v King the Court of Appeal recently confirmed the validity of the approach in Graham v Every 1 BCLC 41, EWCA Civ 191 to tackling unfair prejudice claims under s994 Companies Act 2006. It must now be shown that there is a ‘causal connection’ between the personal actions of a shareholder or third party, and some other act or omission constituting conduct of the company’s affairs for such matters to be pleaded as unfair prejudice under s994. What this means is that, as in Primekings v King, unfair prejudice claims must be confined to their proper scope. As Lord Justice Snowden said at : ‘the principle that statements of case should only set out the facts that go to make up each essential element of the cause of action relied upon is particularly relevant to pleadings in unfair prejudice petitions’. Essentially, the court has given itself a new lease of life to strikeout elements of unfair prejudice claims that do not rely on a ‘causal connection’ as outlined above. Arguably, this has made drafting statements of case for unfair prejudice claims far stricter, lest your client face a strikeout application. On the other hand, the court is reining in unfair prejudice claims and keeping them on the straight and narrow, giving effect to the actual wording of the statute and what it was designed to protect. Interim applications are part-and-parcel of modern day civil litigation and can result in a serious... --- > Many arguments have been advanced since LASPO attacking the recoverability of After the Event (“ATE”) insurance premiums... - Published: 2022-07-26 - Modified: 2023-02-17 - URL: https://www.temple-legal.co.uk/news/p36-acceptances-and-the-ate-premium-an-argument-over-costs/ - Categories: ATE Clinical Negligence - News Authors: Temple Legal Protection (Estimated reading time: 3 minutes 0 seconds) Many arguments have been advanced since LASPO attacking the recoverability of After the Event (“ATE”) insurance premiums, but the recent decision in Dance v East Kent University Hospitals NHS Foundation Trust & Ors EWHC B9 (Costs) has found that the ATE premium of £5,266. 01 was payable in full, thus ensuring that Claimants continue to be provided with access to justice without having to overcome a further otiose technical challenge. The challenge put forward by the paying party contained two submissions, the first of which followed the Court of Appeal’s decision in Cartwright v Venduct Engineering Limited EWCA Civ 1654 where a Part 36 offer or a Tomlin Order did not amount to an order for costs. However, this was not the main area of attack. The second, stronger submission, was based on the interpretation of costs and Regulation 3 of The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (No. 2) Regulations 2013 (“the No 2 Regulations”). It was argued that the receiving party would only be able recover the ATE premium if they have an order to that effect in their favour. Without this order, there is no entitlement to the recoverable ATE premium. Whilst Costs Master Leonard considered the arguments put forward by Mr Friston for the defendant, these were not accepted, as these would unnecessarily require all P36 offers to expressly include provision for the recoverable ATE premium within a costs order. Master Leonard said “Whilst I admire... --- > Many appointment announcements are full of ‘corporate speak’ so we’ve gone ‘straight to video’ to introduce John Durbin. - Published: 2022-07-12 - Modified: 2022-07-12 - URL: https://www.temple-legal.co.uk/news/john-durbin-joins-temple-legal-protection-as-senior-business-development-manager/ - Categories: ATE Clinical Negligence - News Authors: Matthew Best By Matthew Best, Senior Underwriting Manager (Estimated reading time: 1 minute 15 seconds) Many appointment announcements are full of ‘corporate speak’ so we’ve taken a different approach and gone ‘straight to video’ to introduce John Durbin, Temple’s new Senior Business Development Manager for our clinical negligence and personal injury team. If first impressions count, he got extra style marks for wearing a dark blue suit with a gold tie - very Temple. Having John on the front line is a key part of our plans – watch the video below to find out why: John is highly experienced in the legal expenses insurance market and joining the Temple at an important moment for us all, given the challenges facing the sector. In the video I put him in the spotlight so you can find out what made him want to join Temple and how he feels he can make a difference for us and our partner law firms. I also find out John’s views on some hot industry topics I’ve written quite a lot about - the government’s proposed clinical negligence reforms, fixed costs for lower value claims etc. In addition John shared a few non work-related snippets including a seriously strenuous charitable activity, the football team he supports... and one he manages. From my experience I’ve known John for many years and always admired his ability to engage with clients when it comes to ATE insurance and disbursement funding related products. If you’d like to talk to John about... --- > The Covid-19 pandemic brought unprecedented challenges to businesses across the UK and throughout the world. The hospitality sector was one.. - Published: 2022-07-11 - Modified: 2022-07-11 - URL: https://www.temple-legal.co.uk/news/paying-the-price-of-the-pandemic-business-interruption-insurance-and-covid-19/ - Categories: ATE Commercial By Sam Knight, Underwriter (Estimated reading time: 1 minute 35 seconds) The Covid-19 pandemic brought unprecedented challenges to businesses across the UK and throughout the world. The hospitality sector was one of the worst effected, with waning footfall and weary customers told to stay at home and protect the NHS. Many businesses sought to rely on their business interruption insurance policies taken out before the extraordinary reality of Covid-19 set in. But that led to a question for the insurers, namely: does the business interruption policy cover such an extraneous circumstance? According to the High Court in Corbin & King Limited & Ors v Axa Insurance UK PLC EWHC 409 (Comm), there are circumstances where it does. In that case, cover was offered to the Claimants on the basis that ‘actions taken by the police or any other statutory body in response to a danger or disturbance at your premises or within a one-mile radius of your premises’ constituted a business interruption and thus the policy covered such losses. Mrs Justice Cockerill found that ‘COVID-19 is capable of being a danger within one mile of the insured premises, which, coupled with other uninsured but not excluded dangers outside, let to the regulations which caused the closure of the business and caused the business interruption loss’. The case requires insures to go back to the drawing board and be clearer about what is and is not excluded from their business interruption policies. In all likelihood, 2022 will be a year flooded... --- > Here at Temple we remain committed to our charitable endeavours and to support selected activities of our law firm customers. - Published: 2022-07-11 - Modified: 2023-07-10 - URL: https://www.temple-legal.co.uk/news/queen-elizabeths-foundation-for-disabled-people/ - Categories: Charity - News Authors: Temple Legal Protection (Estimated reading time: 1 minute 46 seconds) Working with children and adults with physical and learning disabilities Here at Temple we remain committed to our charitable endeavours and to support selected activities of our law firm customers. In this newsletter we asked The Queen Elizabeth’s Foundation for Disabled People (whom we have supported for several years) to share their story. The Queen Elizabeth’s Foundation for Disabled People is a national disability charity based in Surrey. We have more than 85 years’ experience of developing innovative services supporting almost 10,000 disabled people a year to increase their independence and achieve their goals in life. We work with children and adults who have physical and learning disabilities or acquired brain injuries. Whether it’s developing life skills to live as independently as possible, neuro rehabilitation to rebuild a life after a brain injury, or learning to drive a specially adapted car, we support each person to increase their independence. We offer a wide range of expert services providing support and advice, specialist care, neuro rehabilitation and development of life skills that make a real difference to disabled people’s lives. Our Services: QEF Care and Rehabilitation Centre: The new centre provides expert, multidisciplinary neuro rehabilitation for people with acquired injury and stroke. Mobility Services: Provides a wide range of services focused on helping people of all ages become mobile and independent such as driving assessments for people with progressive disabilities or for people that have suffered an accident and need to learn to drive... --- > The Commercial Hub (the Hub) has revolutionised the approach to issuing and prosecuting commercial actions in Northern Ireland. - Published: 2022-07-04 - Modified: 2022-07-05 - URL: https://www.temple-legal.co.uk/news/the-commercial-hub-a-view-from-the-sharp-end/ - Categories: ATE Northern Ireland - News Authors: Temple Legal Protection (Estimated reading time: 2 minutes 22 seconds) The Commercial Hub (the Hub) has revolutionised the approach to issuing and prosecuting commercial actions in Northern Ireland. Since its arrival in April 2019 the Hub has had time to embed particularly through the disruptive period of COVID-19. Stuart Nevin, Principal Associate at Shoosmiths, gives his views on what’s been happening during this period. Like all new ventures, the Hub continues to evolve with the recent introduction of Practice Direction No. 1 of 2022 which provides a renewed focus on a tech-centric approach to litigation. The Hub has always intended to facilitate a swift and cost-effective resolution to commercial actions while simultaneously transitioning the commercial litigation process into the modern era of technology and innovation. This included the introduction of an Early Directions Hearing, Case Management Conferences and a Pre-Trial Review. These adaptations have been praised widely by practitioners who have welcomed the heightened focus on case management. The Hub firmly sits at sharp end of commercial dispute resolution in Northern Ireland. The Benefits The introduction and ongoing functionality of the Hub has caused very little change from a client perspective in Northern Ireland, therefore, minimising the disruption for business. Nonetheless, a notable change for both lawyers and commercial clients alike is the apparent reduction in the duration of a case. This is due to the increase in cases settling at early stages (Commercial Judges providing judgments within 6 weeks of the trial ending). Additionally, the Hub provides a digital approach to commercial... --- > The Commercial Court in Northern Ireland has been at the forefront of modernising commercial litigation in Northern Ireland. - Published: 2022-07-04 - Modified: 2022-07-05 - URL: https://www.temple-legal.co.uk/news/the-new-commercial-practice-direction-will-it-work/ - Categories: ATE Northern Ireland - News Authors: Temple Legal Protection (Estimated reading time: 1 minute 57 seconds) The Commercial Court in Northern Ireland has been at the forefront of modernising commercial litigation in Northern Ireland. In this article, Rob McCausland from the Bar of Northern Ireland, shares his thoughts on how the Commercial Hub will work, following the introduction in January of the new Practice Direction. The Commercial Hub Practice Direction (Practice Direction No. 1 of 2022) came into force on 1st February 2022, replacing the first Practice Direction of 2019. It applies to all current and future commercial actions in the High Court in Northern Ireland. The Practice Direction came into force from 17 March 2022. ‘Commercial actions’ encompasses all cases relating to business or commercial transactions such as professional negligence/contracts for works/insurance/banking/construction works and such other matters that the Commercial Judge may think fit. Practice Direction No. 1 of 2022 builds on the transformative Practice Direction No. 1 of 2019 which introduced the concept of the ‘Commercial Hub’. The main objective of the Commercial Hub is to resolve disputes “expeditiously, efficiently and cost effectively”. The Hub will determine preliminary issues which have the capacity to bring early resolution of the case. The key measures introduced involved tighter management of actions, the timetabling of litigation and observation of Court directions. The Hub also encourages the use of ADR and when able to do so, the Hub will provide Judges for Early Neutral Evaluation. In the text of the new Practice Direction for 2022, practitioners are reminded that the objective... --- --- ## Case Studies > C was injured when a loose wire from a fence caught the back of his neck, causing him to fall and fracture his arm. The wire was from the.... - Published: 2025-05-22 - Modified: 2025-05-22 - URL: https://www.temple-legal.co.uk/news/casestudy/public-liability-claim-a-minor-by-litigation-friend-v-local-authority/ C was injured when a loose wire from a fence caught the back of his neck, causing him to fall and fracture his arm. The wire was from the fence outside a property owned by the Defendant but rented to a tenant. It is not disputed that the wire was loose. Case ongoing at time of writing (May 2025) What has happened so far? C was injured when a loose wire from a fence caught the back of his neck, causing him to fall and fracture his arm. The wire was from the fence outside a property owned by the Defendant but rented to a tenant. It is not disputed that the wire was loose. Temple was asked and agreed to provide ATE insurance for the child who sustained injury for protection from adverse costs and disbursements in the event the claim is unsuccessful. Matter value: £25k. Team member involved: Matthew Best, Director ATE Partnerships --- > This case involves a secondary victim claim following a fatal road traffic accident, where the claimant suffered psychiatric injury after.... - Published: 2025-05-22 - Modified: 2025-05-22 - URL: https://www.temple-legal.co.uk/news/casestudy/secondary-victim-claim-ms-x-v-mr-x/ This case involves a secondary victim claim following a fatal road traffic accident, where the claimant suffered psychiatric injury after witnessing the immediate aftermath. Case ongoing at time of writing (May 2025) What has happened so far? This case involves a secondary victim claim following a fatal road traffic accident, where the claimant suffered psychiatric injury after witnessing the immediate aftermath. Temple has provided ATE insurance to support the claimant as the case proceeds. The claim arises from a tragic road traffic accident in March 2020. A pedestrian, a close family member of the claimant, was crossing at a road junction when he was struck by the Defendant’s vehicle. At the time of the collision, the Defendant was travelling at 49 mph in a 30 mph zone and was under the influence of drugs and alcohol. The family member sustained a traumatic brain injury and other serious injuries. He was taken to Queen Elizabeth Hospital in Birmingham but sadly died shortly after arrival. The claimant was taken to the hospital where she witnessed her family member in a non-responsive state. She suffered immediate psychological trauma as a result, giving rise to her claim as a secondary victim under personal injury law. Temple was asked and agreed to provide ATE insurance to Ms X, covering the risk of adverse costs and disbursements in the event that her claim is unsuccessful. Matter value: £25,000 Team member involved: Peter Cornish – Senior Underwriter --- > The solicitors had already obtained medical report and opinion from counsel prior to approaching Temple for ATE; there was an issue.......... - Published: 2025-05-22 - Modified: 2025-05-22 - URL: https://www.temple-legal.co.uk/news/casestudy/employers-liability-claim-ms-x-v-y-company/ The Claimant scalded her hands while at work. Liability was admitted by her employer. What happened? The Claimant scalded her hands while at work. Liability was admitted by her employer. The solicitors had already obtained medical report and opinion from counsel prior to approaching Temple for ATE; there was an issue regarding causation of the development of complex regional pain syndrome and proceedings were issued. Temple was asked and agreed to provide ATE insurance for the claimant from adverse costs and disbursements in the event the claim was unsuccessful. The claim was successful. Matter value: £10k. Case status - settled for £6,000. Team members involved: David Stoker – Senior Underwriter. --- > This case concerns a clinical negligence claim arising from a birth injury where liability has been largely admitted. Temple has provided.... - Published: 2025-05-22 - Modified: 2025-05-22 - URL: https://www.temple-legal.co.uk/news/casestudy/birth-injury-claim-master-x-v-nhs-trust/ This case concerns a clinical negligence claim arising from a birth injury where liability has been largely admitted. Temple has provided ATE insurance to assist the claimant's solicitors in pursuing appropriate damages following the partial settlement on liability. Case ongoing at time of writing (May 2025) What has happened so far? This case concerns a clinical negligence claim arising from a birth injury where liability has been largely admitted. Temple has provided ATE insurance to assist the claimant's solicitors in pursuing appropriate damages following the partial settlement on liability. Master X suffered a brachial plexus injury during his delivery at the Defendant NHS Trust’s hospital. Initially, liability was denied, and court proceedings were issued. Following the issue of proceedings, negotiations regarding liability took place between the parties. Liability was ultimately agreed on a 95% basis, with judgment entered in favour of Master X to reflect this agreement. The proceedings have been stayed to focus on quantifying the claim. The case was initially funded under a Legal Aid certificate. However, due to the limitations on hourly rates recoverable under Legal Aid, the claimant’s solicitors sought to switch funding to a Conditional Fee Agreement (CFA) supported by After the Event (ATE) insurance. Temple was approached and agreed to provide ATE insurance to protect the Claimant against the risk of adverse costs should settlement negotiations prove unsuccessful. Matter value: £750,000 Team member involved: David Stoker – Senior Underwriter. --- > The Claimant suffered two avoidable stillbirths, the first as a result of an excessively traumatic and lengthy delivery and the second as.... - Published: 2025-05-22 - Modified: 2025-05-22 - URL: https://www.temple-legal.co.uk/news/casestudy/birth-injury-claim-ms-x-v-nhs-trust/ The Claimant suffered two avoidable stillbirths, the first as a result of an excessively traumatic and lengthy delivery and the second as a consequence of a uterine rupture. Case ongoing at time of writing (May 2025) What has happened so far? The Claimant suffered two avoidable stillbirths, the first as a result of an excessively traumatic and lengthy delivery and the second as a consequence of a uterine rupture. The first would have been avoided with an appropriate uterine incision which, had it occurred, would have significantly reduced the risk of the uterine rupture in the subsequent pregnancy. Had the first caesarean section been performed to an acceptable standard - with a classical incision made, rather than an inverted T-shaped incision - on a balance of probabilities, the second caesarean section would have been avoided and the claimant would have gone onto deliver a healthy son at term. Proceedings have been issued and liability has been denied. Temple was asked and agreed to provide ATE insurance for the claimant from adverse costs and disbursements in the event they are not successful with their claim. Matter value: £50k. Team members involved: Matthew Best - Director ATE Partnerships. --- > After the operation, a routine blood test was taken by a doctor. For whatever reason, the doctor inserted the needle into the inside basal... - Published: 2025-05-22 - Modified: 2025-05-22 - URL: https://www.temple-legal.co.uk/news/casestudy/surgical-negligence-claim-mr-x-v-nhs-trust/ Mr X is a master jeweller aged 60. He had a successful hip replacement and after the operation complications started to arise. What happened? Mr X is a master jeweller aged 60. He had a successful hip replacement. After the operation, a routine blood test was taken by a doctor. For whatever reason, the doctor inserted the needle into the inside basal knuckle area of the Claimant’s dominant right thumb. He felt immediate pain but no bruising. Pain persisted and there was a neuro deficit, making work almost impossible, and permanent symptoms likely. Temple was asked and agreed to provide ATE insurance for the claimant from adverse costs and disbursements in the event the claim was unsuccessful. The claim was successful. Matter value: £200k. Case status - settled for £7,180. Team members involved: Matthew Best – Director ATE Partnerships. --- > The deceased was employed and undertook general labour. He worked on and around asbestos lagged steam pipes, brushing down steel work.... - Published: 2025-05-22 - Modified: 2025-05-22 - URL: https://www.temple-legal.co.uk/news/casestudy/industrial-disease-claim-mr-x-deceased-v-company/ The deceased was employed and undertook general labour. He worked on and around asbestos lagged steam pipes, brushing down steel work and pipework in preparation for painting, cleaning and painting vessels which were lagged with asbestos insulation. Case ongoing at time of writing (May 2025) What has happened so far? The deceased was employed and undertook general labour. He worked on and around asbestos lagged steam pipes, brushing down steel work and pipework in preparation for painting, cleaning and painting vessels which were lagged with asbestos insulation. The deceased removed asbestos lagging in preparation for the pipes to be repaired/maintained. Following years of this exposure, the deceased was diagnosed with an asbestos-related illness and sadly passed away. A claim is now being brought on behalf of his estate and dependants for compensation relating to the illness and death caused by prolonged occupational exposure to asbestos. This para of text is awaiting approval by MB. Temple was asked and agreed to provide ATE insurance for the deceased’s family for protection from adverse costs and disbursements in the event the claim is unsuccessful. Matter value: £90k Team members involved: Matthew Best - Director ATE Partnerships --- > The Claimant (Mr X) was a driver who was involved in an accident. His vehicle was hit in the rear while stationary at traffic lights and.... - Published: 2025-05-22 - Modified: 2025-05-22 - URL: https://www.temple-legal.co.uk/news/casestudy/road-traffic-accident-claim-mr-x/ The Claimant (Mr X) was a driver who was involved in an accident. His vehicle was hit in the rear while stationary at traffic lights and injuries suffered to his neck and shoulder along with travel anxiety. What happened? The Claimant (Mr X) was a driver who was involved in an accident. His vehicle was hit in the rear while stationary at traffic lights and injuries suffered to his neck and shoulder along with travel anxiety. Liability was admitted. Mr X’s solicitors made offers of settlement, but these were disputed and lower counter offers were made. His solicitors then issued proceedings in an attempt to settle the dispute over the value of the Claimant’s General Damages. Temple provided the Claimant with legal expenses insurance to cover the claim for adverse costs should they not be successful in beating any offers made by the defendant’s solicitors. This gave the Claimant the opportunity to pursue their claim in the full knowledge that he has protection for any adverse costs as well as assisting him with disbursements such as the court fee if required in bringing his case. Temple also offered to assist with any proposed mediation if it was required as an alternative way of achieving a settlement. Matter value: £30k. Case status – settled. Team member involved: Matthew Best, Director ATE Partnerships. --- > This group action case relates to disputes arising from the purchase of long leasehold interests in individual hotel rooms... - Published: 2024-10-23 - Modified: 2024-10-23 - URL: https://www.temple-legal.co.uk/news/casestudy/professional-negligence-case-study-chew-kwan-mae-group-action/ This group action case relates to disputes arising from the purchase of long leasehold interests in individual hotel rooms. Case summary This group action case relates to disputes arising from the purchase of long leasehold interests in individual hotel rooms (“the Properties”). The Claimants (“Cs”) were mainly overseas property investors based in Singapore and Hong Kong hoping to bring a claim for professional negligence against their former conveyancing solicitors, the Defendants (“Ds”). What happened? The properties were hotel rooms in the Needham House Hotel & Conference Centre ("Needham") and the Hever Hotel & Country Club ("Hever"). The vendor of the rooms in Needham was Oak Property and in Hever was Oak Forest (“Oak”). Mercantile Investment Holdings SA (“Mercantile”) provided loans to purchasers to enable them to purchase the rooms. The Ds received a draft legal pack of conveyancing documents to be used for all purchases prepared by Oak’s solicitors, Sheppersons. The Ds worked with the latter to agree the legal pack before attending an exhibition in Kuala Lumpur where the hotel rooms were promoted as a “truly hands off investment”. The purchases completed around 2013, and the Cs stopped receiving shared revenue or guaranteed rent from approximately September 2014 onwards. In 2015, the rental management agreements were terminated and the vendors entered liquidation in 2017 - the date of knowledge. Mercantile had purported to pay monies to the vendors but later it was known (from the liquidators of the vendors) that no such money was advanced. The investors were left with no return on investment, worthless titles and were hoping to recover some of the losses by way of... --- > Tindall and another (Appellants) v Chief Constable of Thames Valley Police (Respondent) On 4th March 2024. - Published: 2024-10-14 - Modified: 2024-10-31 - URL: https://www.temple-legal.co.uk/news/casestudy/road-traffic-accident/ Tindall and another (Appellants) v Chief Constable of Thames Valley Police (Respondent) On 4th March 2024, Mr. Kendall’s car skidded on black ice, causing it to roll into a ditch. Tindall and another (Appellants) v Chief Constable of Thames Valley Police (Respondent) On 4th March 2024, Mr. Kendall’s car skidded on black ice, causing it to roll into a ditch. He was concerned about the state of the road so, after he had made an emergency call, he stood by the road signalling cars to slow down. Approximately 20 minutes later, police officers attended. They started clearing debris and put up a “Police Slow” sign. Mr. Kendall warned the police about the state of the road and then left to visit hospital for his injuries. It is alleged, that but for the arrival of the police, Mr. Kendall would have continued to attempt to warn road users of the danger. Having cleared the debris, the police removed the sign and left the scene, with the road in the same condition. About an hour after the first accident Mr. Tindall was very unfortunately killed in a second accident when his car was hit by an oncoming vehicle which had skidded on the ice. Allegation that the Chief Constable is vicariously liable The appellant, widow and administratix of the estate of Mr. Tindall, brought a claim against the Chief Constable of Thames Valley Police, the Respondent. She alleges that the police’s conduct was negligent, and the Chief Constable is vicariously liable. The Chief Constable applied to strike out the claim. The application failed at first instance but succeeded at the Court of Appeal. This is now appealed to the Supreme Court with... --- > Temple was approached directly by an Insolvency Practitioner (IP) to provide After the Event Insurance in a case where the IP was investigating a former director for misfeasance. - Published: 2024-10-10 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/casestudy/misfeasance/ A case where the IP was investigating a former director for misfeasance. Temple was approached directly by an Insolvency Practitioner (IP) to provide After the Event Insurance in a case where the IP was investigating a former director for misfeasance. Case background X was a de jure director of a Company between January 2015 January 2017. It was claimed that when X was not a de jure director he was a de facto director. Y was a de jure director from August 2014 to August 2015. The business operated by the Company was to supply building merchandise to local builders. The investigatory work of the IP found that from 2017 to 2019 monies were paid to X and Y to which they have no obvious entitlement. X and Y were repeatedly asked for explanations for these payments, including during a s. 236 Insolvency Act 1986 interview. Unfortunately, no explanation was provided. The payments under investigation in this case were made to: X in the period of 2017 to 2019 – £50,000 these are all challenged as misfeasant and preferential. Y in the 2017 to 2019 – £45. 000; and a further £25. 000 payment the entire sum is challenged as preferential, and misfeasant. As a de jure director, both X and Y owed various duties to the Company. More specifically they both owed statutory duties to the Company under chapter 2 of Part 10 of the Companies Act 2006 (“CA 2006”) including: A duty to act in accordance with the Company’s constitution and only to exercise powers for which they were conferred... --- > Well, in Mrs M’s case, it made a whole world of difference to her case for clinical negligence. After a caesarean section Mrs M... - Published: 2021-10-26 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/casestudy/birth-injury/ After a caesarean section Mrs M was left with a serious wound infection. Birth Injury - What a difference a day makes... Well, in Mrs M’s case, it made a whole world of difference to her case for clinical negligence. After a caesarean section Mrs M was left with a serious wound infection. At first the urgency of the situation went unnoticed and, by the time it was, a necrotising fasciitis had broken through the peritoneal wall and spread to the gut wall and rectum. Fortunately, Mrs M was represented by a top-quality clinical negligence firm, and they arranged ATE insurance cover on her behalf with Temple Legal Protection. Experts on both sides agreed that she had been left with significant injury and that there had been negligence in her treatment. What they could not agree on was when this negligence occurred. The difference was 24 hours but, in terms of causation and what could therefore have been done to treat the infection, this made all the difference. The defendant made an early offer on this basis, but Mrs M’s experts needed time to look at the evidence. This was because there was a good case for saying a diagnosis could have been made the day before and, if it had been, the prognosis would have been so much better. Under the Part 36 rules the clock was ticking. If the ATE cover from Temple had not been available, Mrs M would have had to take the offer or risk losing its value entirely through the QOCS rules. As it was her solicitor... --- - Published: 2021-06-07 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/casestudy/insolvency-litigation-insurance-success-for-a-liquidator-and-a-trustee-in-bankruptcy-settlements/ Two insolvency claims with a total value of over £300,000 ‘The Freeths Case’ Insolvency litigation insurance settlement success for liquidator In 2019, Temple insured a liquidator in his claim against a former member of a limited liability partnership. The claim included transactions at an undervalue and breaches by the respondent of his duties owed to the LLP and the conversion of the LLP’s property for his own purposes or for those connected to him. The level of indemnity applied for and granted was £85,000. The value of the claim was circa £165,000. This claim proved problematic not least because the respondent was resident both in and out of the jurisdiction. He did however have assets located in the UK. Permission was granted to serve proceedings on him by email. The respondent denied throughout the claims made against him, stating he ceased to have any management role or participation in the LLP during the relevant time. Various witness statements were filed late by the respondent and evidence was disclosed by him very close to trial on which he sought to rely. Part 36 offers were made and received but came to nothing. The trial was listed for 18 and 19 March 2021. Mediation was proposed by the respondent just before the trial was due to start. A one-day mediation took place and settlement was ultimately reached. The settlement sum was agreed to be paid in instalments. Matthew Kelly of Freeths, the solicitors acting for the liquidator, said: “We and our clients have used Temple for ATE insurance on many occasions. Most... --- > Mr E was driving on the M25 on a dark night shortly after roadworks had been cleared. A repair carried out in those roadworks had failed... - Published: 2021-04-08 - Modified: 2021-04-12 - URL: https://www.temple-legal.co.uk/news/casestudy/spinal-injury/ Failed road repair causes significant spinal injury and treatment costs taking all damages. Failed road repair causes significant spinal injury and treatment costs taking all damages. Mr E was driving on the M25 on a dark night shortly after roadworks had been cleared. A repair carried out in those roadworks had failed, leaving a large hole in the road that would not have been obvious in the car’s headlights. Completely unaware of the danger lying ahead, Mr E drove towards this damaged piece of road at what would normally be considered a safe motorway speed. The failure of the road surface was invisible from the driving seat - so Mr E unwittingly drove into it. This caused significant damage to his car but, much more significantly, his wife suffered a significant spinal injury. The defendant identified early on that they had no defence, having failed to ensure that the road was safe. They made a substantial a pre-med offer. Mrs E suffered a potentially very serious spinal injury and the solicitors could not possibly assess the level of damages without expert medical advice. However without ATE cover, any damages obtained - if they could not beat the offer - would be consumed by a set-off. The medical evidence and reassurance that the offer was sufficient to cover Mrs E’s medical and care needs as well as her loss of earnings could not be obtained at short notice. She endured some months of treatment and assessment before it became clear that the offer was capable of acceptance, though this was not until shortly before... --- > In a judgment handed down on Tuesday 19th January 2021, Simons Muirhead & Burton LLP won a claim to recover the domain name blackjack.com - Published: 2021-03-29 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/casestudy/gambling-domain-name-dispute-sees-a-big-winner-for-claimant-at-trial/ A claim to recover a domain name, with Temple disbursement funding particularly useful Hanger Holdings v (1) Perlake Corporation SA and (2) Simon Croft - Neutral Citation Number: EWHC 81 (Ch) In a judgment handed down on Tuesday 19th January 2021, Simons Muirhead & Burton LLP won a claim to recover the domain name blackjack. com on behalf of the client, Hanger Holdings, from online gambling entrepreneur Simon Croft. SMB Managing Partner Razi Mireskandari and Senior Associate David Phillips acted in the litigation with Jonathan Hill of 8 New Square as counsel. Hanger Holdings entered into an agreement with Uruguayan company, Perlake Corporation S. A, which was owned and controlled by Simon Croft. Under the agreement Hanger Holdings was entitled to commission from users of the gambling website and to see audited financial statements. Little commission was ever paid, eventually this dried up entirely and no audited financial statements were ever provided. When Hanger Holdings took legal steps to recover the domain Simon Croft produced a loan agreement, claiming it was drafted in 2005, which he said entitled him to transfer the domain to himself. HHJ Hacon found that the loan agreement was likely to have been created much later, and in any event did not entitle him to transfer the domain name to himself. A spokesperson for Hanger Holdings said “Blackjack. com was recognised as online gaming site of the year 2 years in a row. When we didn’t receive commission or audited statements as per our agreement it raised concerns. We are happy to have this case behind us and grateful... --- > While staying at a hotel, the claimant fell from a first-floor window during the night, landing on a patio area below. - Published: 2021-03-29 - Modified: 2023-02-17 - URL: https://www.temple-legal.co.uk/news/casestudy/personal-injury-multiple-injuries/ Personal injury claim resulting from a fall This case study is based on an actual claim but the names and some other details have been changed in order to protect client confidentiality. Description Personal injury claim resulting from a fall The Claim While staying at a hotel, the claimant fell from a first-floor window during the night, landing on a patio area below. The fall occurred due to incorrectly installed window opening restrictors; these were fitted but not fixed in place – thus allowing the window to open fully. As a result of the fall, the claimant suffered multiple injuries to their pelvis and back plus internal injuries to their organs. Current situation This case has recently been placed on cover The defendant has argued that the claimant was not vulnerable and there had been no other accidents of this kind at the premises. The claimant’s position was that if the window restrictors been fitted in place and correctly then the accident would not have happened. Due to pandemic-related delays caused, proceedings have only recently been issued. ATE cover is required in order to protect the claimant’s position as a result of the stance taken by the defendant and the extent of evidence required. The cover provided by the Temple ATE insurance policy has allowed the claimant to obtain further evidence from an engineer and medical experts, along with being able to issue proceedings without the fear of being liable for a £10,000 issue fee. If you would like further details on how Temple ATE insurance for... --- > The firm of solicitors having conduct of this matter for the claimant had been a commercial litigation insurance coverholder... - Published: 2020-11-25 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/casestudy/property-damage-and-business-interruption/ A commercial legal expenses insurance claim for property damage and business interruption. A commercial legal expenses insurance claim for property damage and business interruption The firm of solicitors having conduct of this matter for the claimant had been a commercial litigation insurance coverholder with Temple for 10 years. The client had taken out litigation insurance cover under their delegated authority scheme and, importantly, also had access to Temple’s disbursement funding facility. The case related to the declinature of a claim the claimant had made under a commercial insurance policy it had taken out with the defendant. The insurance, among other things, provided cover for property damage and business interruption. Due to the claimant’s premises being flooded - caused by construction work taking place on adjacent land - the claimant made a claim on its insurance policy. The value of the claim was approximately £2. 2m and the defendant instructed a firm of loss adjusters to investigate. The claim under the policy was ultimately declined by the defendant due to alleged material non-disclosure on the proposal form; this was completed either by the claimant or on their behalf when applying for insurance and on renewal. The defendant’s view was that if the claimant had provided the correct information at the time of renewal they would not have offered terms. The defendant also believed it was a deliberate and reckless act by the claimant to leave out information that should have been disclosed and provided on the proposal form; therefore it was entitled to avoid the claimant’s policy and retain the premium – which... --- > This was a case brought by an English cricket club and a foreign-born individual player against members of the executive board of a cricket club league. - Published: 2019-09-23 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/casestudy/fosters-cricket-club/ Unlawful victimisation in a case involving the proposed suspension of a cricket club from a league. Case category: Breach of contract/unlawful victimisation Case description: This was a case brought by an English cricket club and a foreign-born individual player against members of the executive board of a Midland cricket club league. The individual player, who was foreign born but a British passport holder, was ruled by the league to be an overseas player and as a result the club had points deducted and was relegated. Subsequently the executive board sought to convene a meeting to suspend the club from the league. An interim injunction was granted restraining the defendants from suspending or expelling the club from the league pending hearing of the substantive claim. The claimants urgently sought after-the-event insurance for the substantive claim which was for unlawful victimisation under the Equality Act 2010 and for breach of contract (being breach of the league rules). Outcome: Settled before the hearing. The defendants agreed to pay the claimant’s costs up to a certain limit and not to suspend or expel the club from the league and to allow the club to play in the first division. The Solicitors’ view/testimonial: Doug Frame of Fosters Solicitors commented as follows: “This was a complex and urgent matter which required an underwriter, within a very short space of time, to gain a good grasp of the essential facts, relevant law and to come a decision quickly as to whether to insure. I found the quality and calibre of Temple’s team and services to be exceptional and they more than matched my... --- > This case demonstrates the importance of negotiation and mediation in litigation - Published: 2019-09-23 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/casestudy/fighting-for-the-family-silver/ A judgment that made national news, with a daughter reportedly due to inherit £300,000. In the summer of 2019 HHJ Kramer sitting as a judge in the Chancery Division of the High Court, handed down judgment in a fascinating case about inheritance and the law of survivorship. Scarle (Deceased) v Scarle (Deceased) EWHC 2224 (Ch) asked the question of who should inherit a couple’s jointly owned assets where a couple were found dead at their home and there was a lack of certainty as to who died first. Case category: Chancery litigation Case description Mr and Mrs Scarle were found dead in their bungalow, of which they were joint tenants, in October 2016. The couple also had a joint bank account in which they had deposited £18,000. Mrs Scarle was 10 years Mr Scarle’s junior. The main question to be answered was whether the estate was to pass under Mrs Scarle’s will, or to those entitled on Mr Scarle’s intestacy. Where the owners of jointly owned assets have died, the property passes under the will or intestacy of the person that had (however briefly) survived the other. Where the order of death is uncertain, section 184 of the Law of Property Act 1925 provides that: “In all cases where, after the commencement of this Act, two or more persons have died in circumstances rendering it uncertain which of them survived the other or others, such deaths shall (subject to any order of the court), for all purposes affecting the title to property, be presumed to have occurred in order of seniority, and accordingly the... --- > Our underwriting team were approached by a partner law firm, in relation to a potential top up in indemnity on a high value personal injury matter. - Published: 2019-05-28 - Modified: 2019-08-29 - URL: https://www.temple-legal.co.uk/news/casestudy/a-catastrophic-personal-injury-claim-that-required-a-top-up-on-the-limit-of-indemnity/ Catastrophic personal injury By Matthew Best, Underwriting Manager Case Category Catastrophic personal injury Case Summary Our underwriting team were approached by a long-serving partner law firm, in relation to a potential top up in indemnity level on a complex, high value personal injury matter. Within this case study we highlight our flexibility when it comes to topping up indemnity levels. The client was riding their bicycle when the defendant failed to give way on a roundabout. The client remembers passing the front of the defendant’s vehicle and then everything went black. Unfortunately, the client suffered complex injuries to both of her knees. Liability was admitted and a defendant part 36 offer was received for £450,000. At this point there was £100,000 limit of indemnity on the case. The client requested a further £100,000 cover. After reviewing the case papers, our lead underwriter on this case considered what risk the client was exposed to. The client’s own disbursements up to and including trial were estimated at £160,000 - the big question was how much of these have been incurred post the defendant’s part 36 offer? The defendant’s costs post expiry of their part 36 offer ; this was likely to exhaust the entirety of the £100,000 LOI already provided by Temple Legal Protection. The lead underwriter returned to the fee earner and advised that it would be helpful to know the amount of costs incurred by the defendant post expiry of their part 36 offer. We quite strongly assumed that, if this case went... --- > Wilson Browne approached Temple Legal Protection for litigation insurance cover; together they were able to help a young entrepreneur end a legal nightmare. - Published: 2019-05-28 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/casestudy/property-litigation-fraudulent-misrepresentation/ Helping a young entrepreneur end a legal nightmare. Case category Property litigation - fraudulent misrepresentation Case description In March this year a Northamptonshire businesswoman celebrated the end of a 2½ year legal dispute that threatened her with bankruptcy. Wilson Browne Solicitors approached Temple Legal Protection for litigation insurance cover; together they were able to help a young entrepreneur end a legal nightmare. In July of 2016 Amanda Phipps’ business decided to rent premises at Hannington, Northamptonshire which had recently operated as a Nursery. The property needed some ‘TLC’ including new paintwork; as a precaution (it was a 15 year lease) she asked the landlord whether the property had “structural or inherent defects” and they confirmed that there were none. After the papers were signed Amanda invested emotionally in the business – redecorating, and organising an open day. The open day was set for August of 2016 and Amanda recalls “I arrived early, and it was raining – it got much heavier throughout the day and really poured down. One of the rooms was the “sleep room”, (for “nap time” ) and I was shocked by what I saw. Water was pouring in through the roof and there was about 2 inches of it on the floor. I just couldn’t stop it – It was so bad that water was even coming in through the electric light! ” The open day had to be cancelled at the last minute. Claim summary The landlord denied liability and pointed out that under the terms of the lease it was her responsibility... --- > This case involved an Orthopaedic Surgeon who had a central disc prolapse and the hospital not doing an MRI scan for over 36 hours. - Published: 2019-03-18 - Modified: 2019-08-29 - URL: https://www.temple-legal.co.uk/news/casestudy/delayed-diagnosis/ This case involved an Orthopaedic Surgeon who had a central disc prolapse and the hospital not doing an MRI scan for over 36 hours. Case category: Delayed Diagnosis of Cauda Equina Syndrome Case summary This case involved an Orthopaedic Surgeon who had a central disc prolapse and the hospital not doing an MRI scan for over 36 hours. There were delays in getting the patient from one hospital from another; once at the second hospital the delays continued, leading to a claim for the delayed diagnosis of Cauda Equina Syndrome. Despite the reservations of the original expert, Temple continued to support the case. This led to what ultimately went on to be a successful claim. Without the benefit of the ATE insurance from Temple, the Claimant would not have been able to proceed with the claim or be able to instruct the alternative expert. Due to the impending limitation date, the case would have had to be discontinued and the Claimant would not have been able to have recovered the damages that were subsequently awarded. Settlement: The Claimant was awarded compensation of £700,000. Comment from Moosa - Duke Solicitors “We have insured our client’s cases with Temple for almost 15 years. This include successfully concluding some most challenging of cases with Temple’s unwavering support. A recent example was this case where we obtained three separate opinions from the same speciality of expert. We were convinced we had a winnable case, Temple trusted our judgement and we won the case a month before trial. We could never have done this without the backing of Temple and their belief in our team. From another perspective this... --- > his personal injury claim concerned the limits of vicarious liability where a wrongdoing occurred away from work premises and outside working hours. - Published: 2018-11-15 - Modified: 2019-08-29 - URL: https://www.temple-legal.co.uk/news/casestudy/christmas-party-assault-the-limits-of-vicarious-liability-case-update/ Personal Injury/vicarious liability Case category: Personal Injury/vicarious liability Case summary: This personal injury claim concerned the limits of vicarious liability where a wrongdoing occurred away from work premises and outside working hours. Specifically, an assault of an employee by a director of a recruitment company that took place after a Christmas party. Temple Legal Protection provided litigation/ATE insurance cover for both the case where the original result went against the Claimant but in favour of the subsequent appeal that was recently won. The Christmas party was held at a golf club which passed without incident. Some attendees were staying at a nearby hotel where it is believed the rooms were paid for by the company, as was the taxi from the golf club to the hotel. Case details: John Major, the Managing Director of the recruitment company, suggested that the party could continue back at the hotel. The guests, including the claimant Clive Bellman, congregated in the lobby and more drinks were served there. At about 3am in the morning a heated work-related discussion took place between the two. Major punched Mr Bellman twice, causing him to collapse, hit his head on the hard surface of the lobby and sustain a brain injury. The question arose whether at the time the director struck the blow, was he 'acting in the course or scope of his employment" so as to make the company vicariously liable. The trial: The three-day liability trial took place before Judge Cotter QC (sitting as a High Court Judge) on... --- > Those who wish to fund litigation or perhaps drift into a position where they do so, need to be aware of the risks highlighted by this case. - Published: 2018-11-09 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/casestudy/ukip-ordered-to-pay-costs-in-landmark-third-party-funding-judgment/ UKIP ordered to pay costs in landmark third party funding judgment. Barron MP & Others v Collins MEP & UKIP EWHC 253 (QB) Case category: Third party costs and funding Claim background: In September 2014 a UKIP MEP, Jane Collins, gave a speech at UKIP’s annual conference slandering three labour MPs. In October, an offer to settle their claims was made on terms that Ms Collins pay each of them £10,000 in agreed damages, which they would then pay to charity. UKIP’s National Executive Committee (NEC) referred Ms Collins to solicitors, RMPI, with whom UKIP had close ties. No settlement having been agreed, in November 2014 the three MPs issued claims against Ms Collins. Temple Legal Protection insured the MPs’ claims. Claim details: In December 2014 UKIP initially decided to allocate £10,000 to Ms Collins to help her defend the claim. Ultimately, RMPI billed £36,000 for the work undertaken by them in defending the claim between October 2014 and June 2015. UKIP paid almost all of this. In January 2015 counsel instructed by RMPI advised Ms Collins that she had a weak case and ought to settle. On the 2nd February UKIP’s NEC decided to try and settle the claim on the best terms possible and that the party would fund any settlement. However, by early March 2015 UKIP had decided that the case should not be settled until after the forthcoming 2015 general election due in May because they did not want to appear to be conceding defeat during the campaign. In the event, this decision and its consequences for... --- > Case study - Mesothelioma. Temple Legal Protection provide this cover for sufferers of mesothelioma and other asbestos related diseases. - Published: 2018-10-01 - Modified: 2023-02-17 - URL: https://www.temple-legal.co.uk/news/casestudy/mesothelioma/ C worked for over 50 years an electrical engineer, making industrial scale switchgear for power stations... Case category: Mesothelioma Case summary: C worked for over 50 years an electrical engineer, making industrial scale switchgear for power stations where a lot of asbestos was used in the internal insulation of copper casings. Later in his career he became an engineer on site, maintaining boilers and buildings where asbestos roofing and pipe-lagging was abundant. He was diagnosed with mesothelioma while visiting the hospital, where he died shortly after. The evidence required would need to be an engineer’s report, which can be quite costly. Comment from Temple: “Although mesothelioma ATE insurance premiums are still recoverable, it is still a necessity due to the cost of reports and higher issue fee. Most Claimants’ do not discover they have mesothelioma until the later stages of their life and the cost of these disbursements would be out of reach for most. ATE insurance allows the estate to pursue the rightful compensation at this traumatic time. Temple will continue to provide this cover for sufferers of mesothelioma and other asbestos related diseases . ” --- > The case involved contracting clostridium difficile during an inpatient stay in hospital - Published: 2018-10-01 - Modified: 2019-08-29 - URL: https://www.temple-legal.co.uk/news/casestudy/hospital-infection/ The case involved contracting clostridium difficile during an inpatient stay in hospital. The patient... Case category: Hospital infection Case summary: The case involved contracting clostridium difficile during an inpatient stay in hospital. The patient later died (unrelated to the negligence) and the claim was subsequently brought on behalf of her Estate by her husband/widower. A Pre-Action Protocol Letter of Claim was sent to the Defendant. A limitation holiday was sought, to allow the Defendant to complete their investigations and provide a Protocol reply, before the need to incur the costs of issuing Court proceedings. Regrettably, the Defendant refused to agree a limitation holiday and averred that liability was going to be denied anyway. The Claimant therefore had to issue Court proceedings, and did so protectively. The Defendant did not send a Protocol response but, after proceedings had been issued, sought to negotiate a settlement to the claim. Settlement: The claim eventually settled for £3,000. Comment from the Claimant’s solicitor “Without the benefit of the ATE insurance from Temple, the Claimant would not have been able to proceed with the claim and commence court proceedings. He would not have been able to afford to do so and did not have BTE insurance. Without ATE insurance, the claim would likely have been discontinued and the Claimant would not have won £3,000. While this may be seen as a ‘low’ value claim, for the widower the settlement was a significant sum of money and moreover, it was of great importance for him to see ‘justice done’ to his late wife. ” --- > Failure to diagnose - The claimant had an appendectomy in June 2014. The histology showed suspected malignancy that was not picked up. - Published: 2018-10-01 - Modified: 2023-02-17 - URL: https://www.temple-legal.co.uk/news/casestudy/clinical-negligencefailure-to-diagnose/ The claimant had an appendectomy in June 2014. The histology showed... Below is a case study summary from one of the specialist law firms we work with. Case category: Failure to diagnose Case summary: The claimant had an appendectomy in June 2014. The histology showed suspected malignancy that was not picked up. By the time it was, it was too late and the Claimant died in November 2016. The Defendant had admitted breach but said the outcome would have been the same regardless. Comment from Temple Legal Protection: “The Claimant will require ATE insurance to obtain causation evidence and possibly go on to trial. Due to the stance taken by the Defendant, the number of reports needed could be extensive. Without the benefit of ATE insurance it is unlikely his wife will have the funds to pursue the claim . ” --- > This was a claim against the Mail on Sunday regarding a libellous article by the journalist David Rose that was published by the newspaper in October 2016. - Published: 2018-07-23 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/casestudy/libellous-attack-leading-qcs-reputation-results-substantial-damages-pay-national-newspaper/ Libellous attack on leading QC’s reputation results in substantial damages pay-out. Case category: Defamation - libel Case description: This was a claim against the Mail on Sunday regarding a libellous article by the journalist David Rose that was published by the newspaper in October 2016 and on the MailOnline website until October 2017. The thrust of the article incorrectly suggested that the claimant (Ms Sasha Wass QC, a senior Silk at 6 KBW Chambers) had, essentially, suppressed evidence of police corruption with the aim of putting an “innocent man in jail”. Claim summary: The article in question, written by David Rose, concerned confiscation proceedings against a disgraced former solicitor Bhadresh Gohil, who had admitted to and been convicted of fraud. The two page article appeared under a main headline "Revealed: How top QC 'buried evidence of Met bribes to put innocent man in jail’" and included a photograph of the claimant with the caption “SCANDAL: Senior Barrister Sasha Wass”. Allegations in the article included that, when Ms Wass was working on the case, she had tried to “bury damning evidence” and that “bribes had been taken by police officers responsible for investigating Mr Gohil”. These allegations had depended on accusations made on behalf of Mr Gohil at a Court hearing. In addition, there were claims that Ms Wass had encouraged additional (unfounded) criminal charges to be brought against Mr Gohil for perverting the course of justice, when actually she knew he was an innocent whistleblower. In further claims - that the Court of Appeal subsequently described as “fanciful” - Ms Wass... --- > An example case study by Temple Legal Protection. The right to be forgotten in practice. - Published: 2018-07-06 - Modified: 2024-10-16 - URL: https://www.temple-legal.co.uk/news/casestudy/right-forgotten-practice/ Misuse of Private Information and breach of Data Protection Act provisions. Case category: Misuse of Private Information and breach of Data Protection Act provisions Case description: These claims were brought by two business persons with prior criminal convictions. Sufficient time has passed such that the convictions are officially considered spent. An order was sought for Google to remove search results relating to the convictions on the grounds that such information was inaccurate and/or no longer relevant and/or of no public interest. The claimants were granted anonymity and referred to as NT1 & NT2. The claimants also sought damages. Claim summary: Claims such as these are test cases for a number of similar ones waiting in the wings for claims against Google in relation to data protection and the right to a private life. The judgment will have significant ramifications for both claimants and online publishers. Outcome: The main focus of the judgment was to establish the factors relevant to search result de-listing requests including the right to privacy and rehabilitation of offenders, balanced against the protection of the public interest. The weighting of those factors was also considered in addition to the accuracy of the data. Warby J identified that the rehabilitation of offenders should carry significant weight during assessment, recognising that: “with the passage of time, a conviction may recede into the past so as to become part of a person’s private life”. Conversely, where the conviction relates to business crime and has an element of dishonesty, combined with the individual continuing in a similar line of business post-conviction and... --- ---