By Matthew Best, Senior Underwriting Manager (Estimated reading time: 4 minutes, 17 seconds) A previous article I wrote in June 2019 ‘Is disbursement funding interest recoverable’ attracted, forgive the pun, a lot of interest – but the subject itself has remained a very grey area with clarity in short supply. The SCCO has, unhelpfully, recently […]

By Matthew Best, Senior Underwriting Manager (Estimated reading time: 6 minutes, 13 seconds) With the NHS being at the heart of all of our lives, the funding of it appears to be an everyday topic. The idea of suing one of their Trusts for the levels of compensation that were previously awarded may no longer […]

Medical Reports and the Small Claims Limit Increase – A prejudice for vulnerable road users? (Estimated reading time: 2 minutes, 42 seconds) By Matthew Best, Senior Underwriting Manager Seeking to reduce the number of fraudulent negligence claims is understandable, but funding medical reports for vulnerable genuine victims of negligence can be a big issue. What […]

The Court of Appeal in West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust yesterday handed down a defining judgement on the application of the new reasonableness and proportionality rules. This follows the 2015 decision in Nokes –v- Heart of England Foundation NHS Trust [2015] EWHC B6 (Costs) where Master Leonard […]

In switching a clinical negligence case from legal aid to CFA, the costs judgment in EPX v Milton Keynes University Hospital NHS Trust [2019] was an unhelpful decision for ATE insurance premium recovery. It is another win for the paying party – as the claimant lost the appeal against the Master’s initial ruling. The High […]

Having Trouble With an ATE Insurance Premium Recovery in Cases Involving Minors? In a recent judgment A High Court judge has said there is no general rule preventing costs being awarded against children. the ruling ought to strengthen the need for ATE insurance in minor cases is still very much needed and for ATE insurance […]