By Matthew Pascall, Senior Underwriting Manager
Temple’s most recent webinar headed (virtually) north of the border where Tim Edward (Dentons), Cat MacLean (MBM Commercial) and Ross Taylor (Wright Johnston & Mackenzie) joined me for a discussion on topical litigation insurance matters in Scotland.
Given the strength and experience of our guests, it isn’t surprising that the conversation was both lively and stimulating from our well-informed participants. To view the video click on the play button below:
Tim, Cat and Ross all had some experience of litigation insurance, some of it good and some less so. They all felt that this type of insurance cover was becoming a more common feature of Scottish litigation.
They also noted aspects of some cases that appeared to cause insurers particular concern, including issues around causation in professional negligence cases. In addition, there were some areas of litigation that seem to be unattractive to insurers, such as construction disputes.
Cat, Tim and Ross all thought their local insurance brokers were surprisingly unfamiliar with litigation insurance.
They then considered whether there were aspects of Scottish law and procedure that might catch insurers out. They pointed out that there was no provision for costs budgets, that disclosure was conducted in a markedly different way and, in many cases, that witness statements are not exchanged before proof. Also, there was a reminder that successful litigants often only recover 50% of their costs.
Although it’s early days, all saw advantages in the new scope for Damages Based Agreements and for the new, simpler approach to group litigation. Finally, my guests appreciated the advantage simple and straightforward insurance premiums and of combining litigation insurance with outlay funding.
Temple is working with an ever-increasing number of Scottish firms and I would take this opportunity of thanking Cat, Tim and Ross for taking their time to share their thoughts with me.
Postscript
Temple’s presence in the Scottish market is growing, along with our experience of Scottish litigation.
- When looking at new cases, we readily ask our solicitor clients to explain aspects of the case that are not straightforward.
- We’re happy to insure construction cases and have a Scottish construction case on risk right now. We will, however, continue to ask difficult questions around causation if we have to!
- We’re very familiar with group litigation and look forward to working with our Scottish colleagues to insure group actions under the new procedures.
If Scottish brokers are unfamiliar with ATE/litigation insurance, just come to us directly. We will give you an early indication of the litigation insurance premium you can discuss with your clients.
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If you have any questions about our litigation insurance and outlay funding for Scottish litigators or are interested in attending future webinars hosted by Temple please contact Matthew Pascall on 01483 514428 or email matthew.pascall@temple-legal.co.uk.
Matthew Pascall
Legal Director – Head of Commercial
01483 514428
Matthew Pascall
Matthew was called to the Bar in 1984 and joined Guildford Chambers two years later. Spending more than 30 years in practice there, he was listed as a Legal 500 Tier One barrister.
He joined the commercial team at Temple Legal Protection as Senior Underwriting Manager in 2017.
Matthew was appointed to Temple’s Board in December 2022 as Legal Director and Head of Commercial.
His knowledge of the commercial legal sector and litigation practice is invaluable to the business and our clients, providing specialist experience to lead the commercial litigation insurance team.
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