Arbitration and Litigation/ATE Insurance – Funding Dispute Resolution in the 21st Century
By Sam Knight, Underwriter (Estimated reading time: 1 minute 8 seconds) The Glasgow Chamber of Commerce published a recent article praising the continuing uptake in arbitration to settle civil claims and disputes. Here at Temple we have embraced the future of civil dispute resolution and cover for arbitration under our insurance policy means your client […]
Read moreQOCs for Scotland update – expectations and reality?
By David Stoker, Senior Underwriter (Estimated reading time: 2 minutes 55 seconds) In mid-November two of our underwriters went to Scotland and visited some high-profile firms to get a feel as to how cost shifting is working since its introduction in June. The general feeling seems to be that it may not be the panacea […]
Read moreThird Party Funding and Group Proceedings – We’re Here to Help!
By Matthew Pascall, Senior Underwriting Manager (Estimated reading time: 6 minutes 44 seconds) Third Party Funding, Group Proceedings and Litigation Insurance – Sections 10 and Sections 20 to 22 of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. You may feel you’ve already heard too much about Third Party Funding and Group Proceedings, […]
Read moreThe 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 moreWhen 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 morePassing 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