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2019 Legal Futures Civil Litigation Conference – what were the hot topics for litigators?

Funding, capped costs, court modernisation, robots and Artificial Intelligence (AI) were on delegates’ minds in a very busy day at the conference. Below is a summary of the numerous discussions we had at the conference.

The focus on funding of all kinds

The strongest level of interest and feedback was regarding funding – which includes litigation insurance (aka ATE insurance), disbursement funding and fee funding. This is a big driver for those law firms who wish to progress cases quicker and push forward those cases which might not otherwise be pursued. Information about Temple’s litigation insurance and funding products was therefore in demand.

Capped costs

The capped costs voluntary pilot for commercial cases in London, Leeds and Manchester was discussed; costs in the pilot are capped at a maximum of £80,000 for claims worth up to £250,000. Panellists at the conference thought that some of the benefits of costs capping might be greater opportunity for junior staff to run cases, lower fees for litigants to pay and potentially increased numbers of cases for litigators. It was agreed by two panellists that fixed costs, if introduced, must be at a sensible level.

Court modernisation

The HM Courts and Tribunals Service (HMCTS) has delayed completion of its court modernisation programme by a year to 2023, and delegates have found the closing of local courts troublesome and inconvenient. There have been some limited benefits of the reforms though, such as a civil money claims service launched in March 2018, and further change is expected.

Robots and Artificial Intelligence

There was widespread scepticism expressed by delegates over the use of robots and artificial intelligence. The general view was that human input would remain very necessary in litigation, even if

AI was found to be helpful for some tasks. However, there will always be some inherent unpredictability such as the behaviour of opponents and what witnesses might say at trial.

If you have a view on any of the above topics that you would like to discuss with us, please contact David Chase, our Deputy Underwriting Manager in the Commercial team via email to david.chase@temple-legal.co.uk or call 01483 577877. We look forward to hearing from you.

David Chase

Deputy Underwriting Manager
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David Chase

David is the Deputy Underwriting Manager in Temple’s Commercial Department who partners with solicitors and brokers to provide litigation (ATE) insurance and funding solutions to businesses and individuals.

Having started his career in ATE insurance in 2006 at FirstAssist, David gained experience in litigation funding as an analyst at Burford Capital, before joining Temple Legal Protection in late 2013. Having worked for over 12 years in this evolving market, David knows what drives customers and he understands that it is how well you connect with the people you are trying to help that makes you succeed.

David has helped hundreds of customers and has worked with many of the leading law firms in the British Isles. He has extensive and varied experience in risk analysis, case management and long-term relationship management. One of David’s specialisms is his management of our fully-delegated schemes, a responsibility which plays an integral part in the retention of Temple’s partnerships with many leading and specialist commercial law firms.

In his role as Deputy Underwriting Manager, David considers a very wide variety of non-injury litigation including all types of commercial litigation, group actions, professional negligence cases, insolvency actions and contentious probate. He combines strategic activities – evaluating developments such as the impact of ADR on the commercial litigation sector – with expert underwriting in order to assist customers in making efficient and timely use of our litigation (ATE) insurance and funding products.

He continues to work towards his qualifications as a member of the Chartered Insurance Institute.

 

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