Nicklin J handed down judgment for the claimant on 19 December 2018 in the matter of Monir v Wood 2018 EWHC 3525 (QB). Whilst providing further analysis of the various elements of libel law following the implementation of the Defamation Act 2013, this case considered how the law of agency applies to libellous posts published […]

Insurance distribution activities cover a number of undertakings such as “advising on” and “arranging deals” in contracts of insurance; therefore embracing litigation/after-the-event insurance. These activities used to be called “insurance mediation activities”, however, the Insurance Mediation Directive has been repealed and replaced by the Insurance Distribution Directive (IDD). The regulatory regime Solicitors as potential insurance […]

What financial resources can your client legally make use of? Parties to litigation in Northern Ireland must weigh up the risks and benefits of pursuing a commercial dispute before issuing a writ or defending a claim. Without the option of funding a case under a contingency fee agreement, lawyers’ fees have to be paid as […]

By David Pipkin – Director, Underwriting Division. A moving target of regulatory developments and other challenges in recoverability, fixed costs, funding and ADR can be expected during 2019. The coming year promises to be an eventful one for clinical negligence and personal injury litigators, ATE/litigation insurance and disbursement funding providers alike. The MoJ has indicated […]

Earlier this month a significant High Court judgment was handed down regarding claimant personal injury litigators who frequently make a 100% mark up on risk assessments for personal injury claims. The appeal to reduce this to 15% was dismissed. Click here to read the Civil Litigation Brief article, which contains the details of the case, […]

By Matthew Best, Underwriting Manager. District Judge Branchflower in the County Court at Barnsley found that the conditional fee agreement between instructing solicitors and the claimant was unenforceable on the grounds that the CFA provided for a success fee but failed to state that success fee in percentage terms. Counsel for the claimant commented that […]