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19 July, 2019

Switching a Clinical Negligence case from legal aid to CFA/ATE insurance

Matthew Best Underwriting Manager for our Personal Injury & Clinical Negligence Team gives his view on the judgment in EPX v Milton Keynes University Hospital NHS Trust [2019]. In short this is an unhelpful decision. It is another win for the paying party – as the claimant lost the appeal against the Master’s initial ruling. […]

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9 July, 2019

Having Trouble Recovering an ATE Premium in Cases Involving Minors?

Matthew Best, Underwriting Manager for our Personal Injury & Clinical Negligence team looks at why the latest ruling in Barker v Confiance and others [2019] EWHC 1401 (Ch) could help argue that there should be no issues. A High Court judge has said there is no general rule preventing costs being awarded against children. In […]

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2 July, 2019

APIL Advanced brain/spinal injury conference

By Matthew Best, Underwriting Manager Our Personal Injury & Clinical Negligence Team have been involved in a number of leading claims of this type working with leading serious injury litigators. I attended this event and found the conference to be very useful, both in terms of content and relationship building and let’s not forget the […]

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19 June, 2019

Is disbursement funding interest recoverable

By Matthew Best, Underwriting Manager In this article Matthew takes a look at the latest position in relation to this hot topic. The current defendant stance is that interest incurred on loans taken out to pay for disbursements should not be recoverable inter-partes. What case law is currently out there? The Court of Appeal in […]

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18 March, 2019

Fixed costs, recoverability and the MoJ reforms – life at the sharp end of the debate

Temple are pleased once again to be exhibiting at the SCIL conference in Birmingham. If you or a colleague is attending, I hope you will find some time to come a talk to us on our exhibition stand about some of the current issues facing clinical negligence lawyers. Here’s our view on some topical subjects […]

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23 November, 2018

CFA Unenforceable Due To Failure To State Success Fee In Percentage Terms

By Matthew Best, Underwriting Manager. District Judge Branchflower in the County Court at Barnsley found that the conditional fee agreement between instructing solicitors and the claimant was unenforceable on the grounds that the CFA provided for a success fee but failed to state that success fee in percentage terms. Counsel for the claimant commented that […]

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