The Ministry of Justice (MoJ) is considering changing the rules on recoverability for ATE premiums in medical negligence cases, Litigation Futures can reveal. An e-mail from the MoJ links the initiative to the Department of Health review of fees.
The High Court has nearly halved a claimant’s costs budget after finding that it was so disproportionate to the sums at stake and complexity of the case that “something has clearly gone wrong”. Mr Justice Stuart-Smith also said it was “hard to imagine anything more sterile than arguing about a grossly excessive costs estimate”.
The Lord Chief Justice and the Master of the Rolls have commissioned an “urgent review” of the structure of the civil courts. Sir John Thomas and Lord Dyson have asked Lord Justice Briggs to undertake the work and produce an interim report by the end of this year.
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Failure in appropriate cases to advise on the suitability and availability of after-the-event insurance and third-party funding will amount to professional misconduct and may amount to professional negligence, as this case study explains.