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activities used to be called “insurance mediation activities”, however, the Insurance Mediation Directive has been repealed and replaced by the Insurance Distribution Directive (IDD).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 […]

It has been reported in the news recently that the Road Haulage Association has brought a claim in the Competition Appeal Tribunal on behalf of road hauliers overcharged when they bought or leased trucks from certain major European truck manufacturers. They are seeking compensation in excess of £6,000 per truck and it is estimated that […]