Fundamental Dishonesty – Costs, Consequences and Risks
By Bipin Regmi, Senior Underwriter Estimate read time 4 minutes 57 seconds As most claimant solicitors would agree, allegations of fundamental dishonesty (FD) have become an increasingly common litigation tactic used by defendants in personal injury and clinical negligence cases. Defendants sometimes raise FD allegations to place undue pressure on claimants, often with limited consequences […]
Read moreCare Evidence and Future Loss in Clinical Negligence Cases – Why Assumptions Matter Increasingly
By Shelley Carrick-Forrester, Underwriter Estimate read time 4 minutes 37 seconds Determining a client’s future care needs and long-term loss is one of the most significant responsibilities in clinical negligence work. In high-value cases in particular, early assumptions about care, accommodation and future support can shape valuation, negotiation strategy and even underwriting comfort for years […]
Read moreATE Insurance in Action: The Doctrine of Illegality in Negligence Proceedings
Lewis-Ranwell (Respondent) v G4S Health Services (UK) Ltd and others (Appellants) By Oliver White, Underwriter Estimate read time 4 minutes 46 seconds This case concerns the doctrine of illegality in negligence proceedings. A fresh policy-based approach was applied in Patel v Mirza [2016] UKSC 42; [2017] AC 467. The Supreme Court confirmed that this new […]
Read moreATE Insurance in Action: Supreme Court Extends ‘Lost Years’ Damages to Young Children
CCC (by her mother and litigation friend MMM) (Appellant) v Sheffield Teaching Hospitals NHS Foundation Trust (Respondent) By Oliver White, Underwriter Estimate read time 4 minutes 33 seconds This case concerns “lost years damages”, which are damages for inability to work during years of expected life lost as a result of negligence. CCC suffered a […]
Read moreWhat Underwriters Look for Early in Serious Personal Injury and Catastrophic Injury Claims
By Morag Lewis, Senior Underwriter Estimate read time 3 minutes 35 seconds When a serious personal injury or catastrophic injury claim is referred to us, underwriters quickly start looking for indicators that suggest it may develop into a high-value matter. In this article we take a look at three key elements involved. High-value personal injury […]
Read moreClinical Negligence Costs Under Renewed Scrutiny – Why This Matters Now
By Bipin Regmi, Senior Underwriter Estimate read time 5 minutes 15 seconds Clinical negligence costs have returned to professional discussion following the publication of the ‘Costs of clinical negligence’ report by the Public Accounts Committee. Scrutiny of NHS clinical negligence spending is not new, but the committee’s findings have prompted renewed coverage across the legal […]
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