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QOCS on the Scottish horizon

QOCS for Scotland on the horizon The imminent introduction of costs shifting – or QOCS (as it has been labelled) in Scotland – for personal injury and clinical negligence cases provides a good opportunity for Scottish lawyers to explore the prospects of arranging ATE legal expenses insurance for their clients at an affordable price. The […]

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clinical negligence report

Reasonableness and Proportionality ruling ends

The Court of Appeal in West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust yesterday handed down a defining judgement on the application of the new reasonableness and proportionality rules. This follows the 2015 decision in Nokes –v- Heart of England Foundation NHS Trust [2015] EWHC B6 (Costs) where Master Leonard […]

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

In switching a clinical negligence case from legal aid to CFA, the costs judgment in EPX v Milton Keynes University Hospital NHS Trust [2019] was an unhelpful decision for ATE insurance premium recovery. It is another win for the paying party – as the claimant lost the appeal against the Master’s initial ruling. The High […]

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Having Trouble Recovering an ATE Premium in Cases Involving Minors?

Having Trouble With an ATE Insurance Premium Recovery in Cases Involving Minors? In a recent judgment A High Court judge has said there is no general rule preventing costs being awarded against children. the ruling ought to strengthen the need for ATE insurance in minor cases is still very much needed and for ATE insurance […]

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The Temple stand at AvMA 2019

Armed and ready for AvMA

The Leeds Royal Armouries Museum was the setting for this year’s AvMA conference and is one of three museums across the UK looking after one of the most important national collections of arms and armour in the world. It was a fitting setting for the event, with all of the respective exhibitors ‘ready for battle’ against […]

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Future job losses and a 5-year high in employment tribunals – a ‘perfect storm’ of employment uncertainty ahead?

It was only a few short weeks ago that I was attending the BIBA conference in Manchester and so much has happened since. The UK did not leave the EU, our Prime Minister is standing down, there were the European elections and the rise of the Brexit party. Plus a Conservative party leadership race, with Boris […]

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Mediating under the NHS Resolution Scheme

Paul Balen, a consultant at Freeths LLP, is also a Director of Trust Mediation, one of the two providers to the NHS Resolution Mediation Scheme. Below Paul shares his views on mediation for clinical negligence cases, based on actual cases that have been through the process. The impetus to mediate as parties become more familiar […]

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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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law firms’ deliverance

By Andrew Ritchie, QC and Tony Guise In a rapidly changing legal service sector, Temple Legal Protection takes a keen interest in technological and other innovations. In the first of a series of articles from product and services providers, DisputesEfiling.com (DEF) present a timely new service that we feel will be of interest to readers […]

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