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 […]
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Care 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 […]
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ATE 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 […]
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ATE 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 […]
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What 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 […]
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Clinical 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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When Defendants Overreach: Costs Consequences in Failed Dishonesty Allegations
Estimate read time 2 minutes 38 seconds Hakmi v East & North Hertfordshire NHS Trust & Anor [2025] EWHC 2597 (KB) This claim arose from the decision of the second defendant’s stroke consultant, Dr Metcalf at the Norwich & Norfolk Hospital, not to offer Mr Hakmi thrombolysis to treat a stroke on 16 November 2016, […]
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Clinical negligence in 2026 – the cost of harm under renewed scrutiny
By Matthew Best, Director – ATE Partnerships, Head of Personal Injury & Clinical Negligence Estimate read time 5 minutes 19 seconds The start of 2026 finds the sector in a familiar yet more finely balanced position. Political attention remains on the wider economic climate, and apparently this has pushed technical reforms such as fixed recoverable […]
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Security for costs and the start-up client – understanding the CFO’s dilemma
By Tadgh Kelly: Solicitor – Underwriting Director Estimate read time 3 minutes 57 seconds UK tech start-ups face real financial risk when disputes reach court. This article explores how security for costs applications can threaten viable claims – and how commercial litigators can help their clients manage this challenge through informed strategy and effective use […]
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