Montgomery – Watered Down?
By David Stoker, Senior Underwriter (Estimated reading time: 3 minutes 45 seconds) On 12 July 2023, the Supreme Court confirmed in the Scottish case below that the assessment of whether a possible treatment option is a reasonable one is a matter of clinical judgment. In considering Montgomery, there is a duty of care to inform […]
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Did you tell us what you think?
By John Durbin, Senior Business Development Manager (Estimated reading time: 1 minute 40 seconds) At Temple we are constantly striving to improve on our market leading products and services. With this in mind, at the beginning of 2024 we invited all of our personal injury and clinical negligence coverholders to take part in a short […]
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Fixed Recoverable Costs for lower value – clinical negligence claims – implementation delay update
By Matthew Best, Director – ATE Partnerships, Head of Personal Injury & Clinical Negligence (Estimated reading time: 1 minute 41 seconds) Temple had already reported in December 2023 that the supplementary consultation on disbursements was taking place with a closing date of 22nd December 2023. As of today the results of the consultation have not […]
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The Supreme Court’s decision in Paul, Polmear, and Purchase – what are the implications?
By Konrad Honour-Matulewicz, Technical Underwriting Manager (Estimated reading time: 58 seconds) The Supreme Court concluded that “…unless the exception defined by the Alcock line of authority is to become the general rule, a line must be drawn somewhere to keep the liability of negligent actors for such secondary harm within reasonable bounds.” And: “…a category […]
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Cauda Equina Champions Charity – CES Workshops
By Lisa Fricker, Legal Director – Head of Solicitor Services & Quality Assurance (Estimated reading time: 1 minute 32 seconds) Following the success of their first ever workshops for sufferers of Cauda Equina Syndrome, CES Champions are hosting 4 workshops around the UK this year. Everyone with CES is welcome to come whether they’ve been […]
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Energised or Bowled Over? Claims for Undisclosed Commission in the Business Energy Sector
By Matthew Pascall, Legal Director – Head of Commercial (Estimated reading time: 8 minutes 8 seconds) Temple is currently insuring claims brought by businesses who have relied on brokers to arrange energy contracts but who knew little or nothing about the commission paid by energy suppliers to the brokers. Read on for what we’ve found […]
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Litigation Funding – Government to reverse decision in PACCAR
By Matthew Pascall, Legal Director – Head of Commercial (Estimated reading time: 4 minutes 13 seconds) On the 4th of March the Rt. Hon. Alex Chalk MP, the Lord Chancellor and Secretary State for Justice, made a statement in the House of Commons announcing the Government’s intention to introduce legislation to “… address the impacts […]
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Case study on the Defective Premises Act 1972
By Jamela Collins, Senior Underwriter (Estimated reading time: 8 minutes 8 seconds) Mr and Mrs Vainker v (1) Marbank Construction Ltd; (2) Mercer and Miller a firm; and (3) SCD Architects Ltd [2024] EWHC 667 (TCC). This is an interesting case under the The Defective Premises Act 1972. (The DPA) that highlights the significance of […]
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Insolvency Law: Once upon a time there was a company…
By Sukhbir Kaur, Underwriter (Estimated reading time: 2 minutes 30 seconds) It is no surprise that during the life of a company all appears to work well and in most cases without a glitch. However those assigned to investigating the affairs of a company or other businesses will tell you that most fraudulent activities remain […]
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