Fixed costs for lower value clinical negligence claims
By Matthew Best, Senior Underwriting Manager (Estimated reading time: 1 minute 57 seconds) Putting ‘the cards on the table’… I would say that fixed costs can work – but only if they’re set at a reasonable level. If they aren’t, it will be the claimant who suffers. If a light-track case justifies £1,500 costs, most […]
Read More
The ‘Paul’ Case: Clinical Negligence Secondary Victim Case heads for Supreme Court
By Matthew Best, Senior Underwriting Manager (Estimated reading time: 9 minutes 18 seconds) This is a specially extended article on the recent high-profile Court of Appeal judgment concerning clinical negligence secondary victims. Temple provided ATE insurance for Mr Paul and his family, with Shoosmiths representing them. There is also comment from Phil Barnes at Shoosmiths. […]
Read More
Scottish clinical negligence cases: the importance of detailed and objective risk assessment
By David Stoker, Senior Underwriter (Estimated reading time: 3 minutes 9 seconds) Here at Temple, we share a combined 100 years’ experience of underwriting clinical negligence cases and wanted to share some of that with you. You are the experts, we know that, but we hope to add value to your decision making and save […]
Read More
Arbitration and Litigation/ATE Insurance – Funding Dispute Resolution in the 21st Century
By Sam Knight, Underwriter (Estimated reading time: 1 minute 8 seconds) The Glasgow Chamber of Commerce published a recent article praising the continuing uptake in arbitration to settle civil claims and disputes. Here at Temple we have embraced the future of civil dispute resolution and cover for arbitration under our insurance policy means your client […]
Read More
QOCs for Scotland update – expectations and reality?
By David Stoker, Senior Underwriter (Estimated reading time: 2 minutes 55 seconds) In mid-November two of our underwriters went to Scotland and visited some high-profile firms to get a feel as to how cost shifting is working since its introduction in June. The general feeling seems to be that it may not be the panacea […]
Read More
Third Party Funding and Group Proceedings – We’re Here to Help!
By Matthew Pascall, Senior Underwriting Manager (Estimated reading time: 6 minutes 44 seconds) Third Party Funding, Group Proceedings and Litigation Insurance – Sections 10 and Sections 20 to 22 of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. You may feel you’ve already heard too much about Third Party Funding and Group Proceedings, […]
Read More
The Temple Clinical Negligence Roundtable Discussion
(Estimated reading time: 5 minute 15 seconds) With several challenges currently facing the world of clinical negligence, Temple recently invited a number of leading clinical negligence practitioners to the Royal Society of Arts in London, to discuss some of the hot topics within the industry and how they could be addressed. Myself and my colleague, […]
Read More When does a Litigation Funding Agreement become a Damages-Based Agreement?
(Estimated reading time: 3 minutes 39 seconds) This was a central issue in the recent Court of Appeal case of Paccar Inc v Road Haulage Association Ltd [2021] EWCA Civ 299 (05 March 2021). Litigation funding agreements (“LFA”) and damages-based agreements (“DBA”) are both forms of litigation funding. Both are ways to facilitate access to […]
Read More
Passing Off – A Double Dismissal Case
By Sam Knight, Underwriter (Estimated reading time: 1 minute 23 seconds) Philip Warren & Son Limited v Lidl Great Britain Ltd & Ors [2021] EWHC 2372 (Ch) This was a case concerning the common law tort of ‘passing off’ where, surprisingly, both the claim and the Defendant’s counterclaim were dismissed. The Court, perhaps also in […]
Read More