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Fixed costs, recoverability and the MoJ reforms – life at the sharp end of the debate

conference hall

Temple are pleased once again to be exhibiting at the SCIL conference in Birmingham. If you or a colleague is attending, I hope you will find some time to come a talk to us on our exhibition stand about some of the current issues facing clinical negligence lawyers.

Here’s our view on some topical subjects –

Fixed costs for cases with a value of under £25,000

  • One of the most important issues is the continuing progress, through the Civil Justice Council, of their efforts to formulate a proposal for the introduction of fixed costs for clinical negligence cases with a value of under £25,000.
  • It is no secret claimant lawyers are against such a proposal. Temple Legal Protection supports SCIL’s alternative proposal because we believe it will lead to further savings without damaging patient safety, access to justice or the ability of the NHS to learn.

Recoverability of ATE insurance premiums

  • The continuation of recoverability is also critical to the maintenance of access to justice; the news from the MoJ following their recent review of the LASPO reforms seems helpful here.
  • We are still seeing too many ATE insurance premium challenges. In the face of judicial decisions, the outcomes of these generally confirm the reasonableness of the level of such premiums

We’d like to hear your views

  • If you’re attending the SCIL conference, please do come and have a conversation about the proposed MoJ Reforms with members of our Underwriting team, Philip Pipkin and Lisa Fricker, who look forward to meeting with you.

Whilst you’re there…

Why not ask about how our disbursement funding could help your law firm and your clients?

  • With a transparent fixed interest rate of just 10%, low drawdown fees and a market-leading multiplier for fee funding, a Temple Funding facility can break down those barriers – giving your clients the freedom to pursue their case.
  • For your law firm we provide a solution to the significant cash flow burden that comes with funding your client’s litigation, unlocking cases that would otherwise not be brought or may not run to their optimum potential.

Matthew Best

Senior Underwriting Manager
Read articles by Matthew Best

Matthew Best

Matt has an insurance background and joined Temple in July 2011 having worked for 4 years in a leading insurance company where he was dealing with personal injury work.

Matt’s experience allows him to undertake a key role in Temple’s ATE insurance personal injury and clinical negligence teams. He also participates in the assessments of delegated schemes that Temple provide with the objective of helping our customers make the most beneficial and appropriate use of ATE insurance.

He has started studying for this CII exams which he will sit in the near future, which he will then use to develop himself, further into the company in order to provide Temple’s customers with the excellent service they expect.


Read articles by Matthew Best