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
Professional Negligence Update – Investigate, Investigate, Investigate!
By Sam Knight, Underwriter (Estimated reading time: 1 minute 19 seconds) Evans v Betesh Partnership [2021] EWCA Civ 1194 is a case concerning the professional liability of a solicitors’ firm and counsel in advising the claimant to settle a personal injury matter in 2011. Ms Evans suffered a traumatic brain injury in a road traffic […]
Read More
Lender Claims in Property Litigation: a Guide Based on Experience
By Matthew Pascall, Senior Underwriting Manager (Estimated reading time: 2 minutes 55 seconds) Property litigation is familiar territory for Temple but one area that often features prominently are claims arising out of the valuation of property. These claims are inevitably cyclical – a down-turn in the economy prompts lenders to look to the property against […]
Read More
Group Litigation – ‘The Right Crowd and No Crowding’
By Matthew Pascall, Senior Underwriting Manager (Estimated reading time: 3 minutes 3 seconds) The Temple head office is located just a few miles from the historic motor racing track at Brooklands. In the 1930’s the track announced on its posters that it offered “The Right Crowd and No Crowding.” It strikes me that this catchy […]
Read More
Straightforward Facts That Means Peace of Mind for Your Litigation Funding
By Matthew Best – Senior Underwriting Manager (Estimated reading time: 5 minute 6 seconds) You may well have seen the recent news about litigation funding in recent weeks. One of my former colleagues once said that he believes that finding the right funding partner at the right time enables you and your client to share […]
Read More
Personal injury claims and the impact of the Civil Liability Act
By Matthew Best, Senior Underwriting Manager (Estimated reading time: 3 minutes 27 seconds) The Civil Liability Bill that went through parliament during 2018 was aimed at two distinct aspects of personal injury claims – lawyers responsible for lower value RTA claims and the discount rate. It is the former that I concentrate on in this […]
Read More
Musings on Mediation
By Matthew Pascall, Senior Underwriting Manager (Estimated reading time: 1 minute 50 seconds) CEDR was founded in 1990 at a time when mediation and other forms of ADR were in their infancy (save, of course, for arbitration). In the subsequent 30 years mediation has grown from a somewhat obscure concept that practitioners approached with some […]
Read More