After-the-event insurers should consider lowering the merits test if they want to attract more commercial work, senior litigators have suggested.
Global firm Eversheds Sutherland has launched ‘Total Dispute Finance’ in a push that it says has already attracted high-value work from competitors.
An “ambiguous” CFA needed to be interpreted by reference to the “commercial common sense of the relationship” between a law firm and ATE insurer, the High Court has ruled.
Leading legal expenses insurer ARAG has reported double-digit growth in its BTE business and a ninth year in profit, despite what it said were the “challenging market conditions” for ATE.
The High Court has described as “reasonable” a decision by claimant lawyers that they needed the “freedom” of a CFA and shake off “the shackles” of legal aid to properly conduct a claim.
Yesterday’s Court of Appeal decision was “a triumph for access to justice”, according to the insurer whose policy was under scrutiny. But the guidance on the proportionality test has been called “astonishing”.
The Court of Appeal has issued long-awaited guidance on how judges should apply the proportionality test, while also looking to curtail disputes over the reasonableness of block-rated ATE premiums.
UK individuals and small business customers affected by the collapse of after-the-event insurance LAMP will be protected, the Financial Services Compensation Scheme has confirmed.