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2018 APIL Clinical Negligence conference – what were the hot topics for litigators?

Temple at APIL

Funding, fixed fees, delegation, mediation and costs delays were on delegate’s minds in a very busy two days at the conference. Below is a summary of the numerous discussions we had at the conference.

The importance of funding – the strongest level of interest and feedback was regarding funding – definitely a current driver for those law firms contemplating changing their ATE insurance provider. Information about Temple Disbursement Funding was therefore much in demand and many quite detailed questions were being asked and discussions taking place.

Fixed fees – we sensed frustration that the fixed fee cost regime is not finalised; yet at the same time no one wants to ‘rock the boat’, with most delegates at present being happy with the status quo. Apparent among delegates was an optimistic consensus that their law firms would be able to run a viable business notwithstanding the proposed changes.

Backlog in costs payments – frustration was also voiced by many about the two so-called ‘October’ cases which the Paying Party are citing at every instance for a stay in cost proceedings; disappointingly the rulings were not felt to be imminent when the discussions took place in early October. The view was that this is creating, not unsurprisingly, a large backlog in costs payments waiting on the outcome of these rulings. Proportionality rulings on costs were a niggling concern, even on lower end multi-track cases.

Delegated Authority schemes – we provided a lot of information about our ATE/litigation insurance products, including explaining how specialist clinical negligence law firms are able to run fully delegated ATE insurance schemes with integrated disbursement funding.

ADR for clinical negligence – the issue of mediation for medical accident claims seemed on the back burner for some delegates, but we feel developments are inevitable resulting from The Civil Justice Council’s imminent publication of their final report on ADR and clinical negligence.

If you have a view on any of the above topics that you would like to discuss with us, please contact Matthew Best, our Underwriting Manager in the Personal injury & clinical negligence team via email to or call 01483 577877. We look forward to hearing from you.

Matthew Best

Senior Underwriting Manager
Read articles by Matthew Best

Matthew Best

Matt has an insurance background and joined Temple in July 2011 having worked for 4 years in a leading insurance company where he was dealing with personal injury work.

Matt’s experience allows him to undertake a key role in Temple’s ATE insurance personal injury and clinical negligence teams. He also participates in the assessments of delegated schemes that Temple provide with the objective of helping our customers make the most beneficial and appropriate use of ATE insurance.

He has started studying for this CII exams which he will sit in the near future, which he will then use to develop himself, further into the company in order to provide Temple’s customers with the excellent service they expect.


Read articles by Matthew Best