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23 April, 2024

Montgomery – Watered Down?

By David Stoker, Senior Underwriter (Estimated reading time: 3 minutes 45 seconds) On 12 July 2023, the Supreme Court confirmed in the Scottish case below that the assessment of whether a possible treatment option is a reasonable one is a matter of clinical judgment. In considering Montgomery, there is a duty of care to inform […]

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25 May, 2022

ATE insurance in action case study – a pre-LASPO asbestos-related claim

By David Stoker, Senior Underwriter (Estimated reading time: 5 minutes 47 seconds) We have seen a lull in challenges to our ATE recoverable premiums, post LASPO, especially since the decision in West v Demouilpied, but now and again an interesting one occurs, including pre-LASPO challenges. A recent challenge saw a law firm client with an […]

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6 April, 2022

ATE Insurance in Action – Only the strong survive? Facts from actual personal injury cases and claims

By David Stoker, Senior Underwriter (Estimated reading time: 2 minutes 43 seconds) Though Temple is well known to leading clinical negligence practitioners, we wanted to remind you about our equal appetite and experience for personal Injury work. We insure PI claims of all types including industrial disease, accidents at work and public liability – and […]

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8 December, 2021

Scottish clinical negligence cases: the importance of detailed and objective risk assessment

By David Stoker, Senior Underwriter (Estimated reading time: 3 minutes 9 seconds) Here at Temple, we share a combined 100 years’ experience of underwriting clinical negligence cases and wanted to share some of that with you. You are the experts, we know that, but we hope to add value to your decision making and save […]

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8 December, 2021

QOCs 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 […]

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7 September, 2021

QOCs for Scotland – what’s been happening?

By David Stoker, Senior Underwriter (Estimated reading time: 4 minutes, 2 seconds) New rules introduced into Scottish courts meant that from 30 June 2021 the majority of parties seeking damages for clinical negligence and personal injury claims will not be liable for the expenses of their opponent, if their action fails. This article seeks to […]

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