Are the NHS, BMA and NAO guilty of making misleading clinical negligence claims?
The NHS, supported by the British Medical Association (BMA) amongst others have made strong claims in a letter to the Justice Secretary that the legal costs of clinical negligence claims are crippling the NHS. Similar comments were made by the National Audit Office (NAO) in September last year and yet the case doesn’t hold water. […]
Read more2018 – a year of opportunity
2018 will be a year of opportunity for those responding to change says Matthew Pascall: Senior Underwriting Manager, Temple Legal Protection. As we move forward into 2018, I share some insights likely to affect litigators over the coming months. Some will be anecdotal, some technical and, hopefully for the reader, all of significance in some […]
Read moreTemple Legal Protection 2017 Review
This year has been challenging for the legal industry: pre-LASPO cases are in decline and the new legislation is now being applied with some cases finding their way to the appeal court; abolition of tribunal fees has led to increased risk exposure for employers without appropriate BTE cover and legal services; and there have been […]
Read moreSharp rise in employment claims after tribunal fees scrapped
Four years ago the government introduced fees of up to £1200 for employment tribunal claimants with the premise being to reduce the number of malicious and unmeritorious claims. Much has been debated on subject since and I recall the appetite of both camps to advance their views. In one corner, the objectors voiced their concern […]
Read moreAppeal Court rules in favour of ATE insurance from the inception of a claim
In another landmark ruling this year, the Court of Appeal has re-asserted that ‘block-rated’ ATE insurance premiums are recoverable in clinical negligence claims, even when the claim is settled before proceedings are issued or experts have been commissioned. Lord Justice Lewison dismissed the appeal of Peterborough & Stamford NHS trust v McMenemy and upheld the […]
Read moreA Premier League football star, phone hacking and litigation costs
In an ironic twist the media and communications litigation privacy case BNM v MGN has become substantially more well known for its impact on costs legislation than revelations that a premier league footballer was ‘privately dating’ a school teacher. The Court of Appeal judgment in favour of the appellant has been awaited with eager anticipation […]
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