Appeal Court rules in favour of ATE insurance from the inception of a claim
In another landmark ruling this year, the Court of Appeal has re-asserted that ‘block-rated’ ATE insurance premiums are recoverable in clinical negligence claims, even when the claim is settled before proceedings are issued or experts have been commissioned. Lord Justice Lewison dismissed the appeal of Peterborough & Stamford NHS trust v McMenemy and upheld the […]
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A Premier League football star, phone hacking and litigation costs
In an ironic twist the media and communications litigation privacy case BNM v MGN has become substantially more well known for its impact on costs legislation than revelations that a premier league footballer was ‘privately dating’ a school teacher. The Court of Appeal judgment in favour of the appellant has been awaited with eager anticipation […]
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Temple Online Policy System (TOPS)
We are delighted to confirm that the new version of the Temple Online Policy System (TOPS) is scheduled to go live on Wednesday 8th November at 09:00hrs. While the new system is being installed, the original system will be unavailable between 16:00hrs on Friday 3rd November until 09:00hrs on Wednesday 8th November, which means that […]
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Does SRA case for publishing legal fees hold water?
Malignation of the legal industry’s failure to support SMEs and provide better clarity relating to the cost of legal services is a current vogue topic. The issue is clear: the SME business community in general is reluctant to seek legal advice because of uncertainty over the cost risk posed by escalating a commercial issue into […]
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RECOVERABLE ATE PREMIUMS, IT’S TURNED FULL CIRCLE AND GOING ROUND AGAIN …..
Post-LASPO 2012 ATE insurance premiums are recoverable on a between the parties’ basis in clinical negligence cases pursuant to Section 58C of the Courts & Legal Services Act 1990 and Regulation 3 of the Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (2) Regulations 2013 (the 2013 Regulations”). Section 58C stipulates: “Recovery of insurance […]
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Spurious NAO claims are not helping the NHS or access to justice
National Audit Office (NAO) claims that imply excessive legal costs are the cause of rising NHS Resolution expenditure are unhelpful at best, disingenuous at worst and either way do not provide any answers to the NHS’s problems or support genuine access to justice. Recent NAO comments on the subject contradict themselves, stating no evidence has […]
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ATE insurance in action – Successful £5 million Professional Negligence Judgment for ’Giambrone’ Claimants
This case is especially significant because it is the first of its kind – where solicitors were held liable for the full consequences of their failure to properly advise their clients of the risks involved in a ‘disastrous’ holiday home venture in Southern Italy, and failure to conduct the matter in a manner so as […]
Read MoreTemple Legal Protection hires Corporate Solicitor to join its Commercial Underwriting Team
Specialist legal expenses insurer, Temple Legal Protection is delighted to announce the appointment of Nicholas Ellor as a Senior Underwriter to join its commercial underwriting team. Nicholas brings with him twenty years’ worth of experience working as a solicitor in London on both contentious and non-contentious company commercial and corporate matters. Having been a practitioner, […]
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Lord Faulks – “Litigation funders are a growing threat to our justice system”
Lord Faulks, QC’s recent comment piece published in The Times and reported in Litigation Futures is generating considerable discussion in relation to the growing litigation funding market. We agree with Lord Faulks, QC that the Funding industry needs to be properly regulated to ensure protection for consumers and confidence that access to justice is preserved. […]
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