Big win for NHS Resolution in test cases on pre-LASPO funding switches

Helen Vernon NHSLA

The Court of Appeal has found for NHS Resolution in three test cases over the reasonableness of solicitors switching clients from legal aid to conditional fee agreements ahead of the introduction of LASPO. NHSR said the ruling saved it £270,000 in these three cases – all run by Irwin Mitchell – and potentially millions more in other cases.

March 16th, 2018

Burford launches insurance company to cover costs in high-value claims

Chris Bogart colour

Burford Capital has announced that it is to launch its own insurance company to provide adverse costs cover in high-value commercial litigation and arbitration claims where it is also providing third-party funding. It is designed to meet a need for “significant levels of adverse costs cover for major cases in costs-shifting jurisdictions around the world”.

March 8th, 2018

“Regretful” Court of Appeal rejects media firm’s bid to recover huge costs bill

Michael Radford

The Court of Appeal has upheld a decision that a leading media law firm could not recover hundreds of thousands of pounds in costs because its conditional fee agreement did not cover much of the work it undertook. Lord Justice McCombe said he rejected the appeal “not without regret”.

February 8th, 2018

Deed of indemnity plus ATE enough for security for costs, but not to release solicitors from undertakings


A deed of indemnity from an after-the-event insurer was a sufficient replacement for security for costs, the High Court has ruled, but it did not release their solicitors from undertakings given previously in lieu of an order for security.

February 5th, 2018

Law Society joins battle over whether third-party capture insurer still has to pay solicitors’ costs

Law Society - Front2

The Law Society has been granted permission to intervene in the Supreme Court’s hearing of a case that made a major strike against the practice of third-party capture in personal injury. The Court of Appeal ordered insurance company Haven to pay the claimants’ solicitors the costs they would have earned had they not settled directly.

January 29th, 2018

“Not unreasonable” for solicitors to switch from DBA to CFA shortly before trial


Claimants did not act unreasonably in switching funding from a damages-based agreement to a conditional fee agreement shortly before trial, even though the defendants are now facing a much larger bill, a costs judge has ruled.

January 18th, 2018

High Court criticises regional costs judge for second-guessing ATE insurer

rcj 2

A regional costs judge was “quite wrong” to assume that “his underwriting skill was better than that of the underwriter” and slashing an after-the-event insurance premium by 85%, the High Court has ruled. It also found that the claimant had little choice but to accept the quoted premium “and the necessity of so doing makes the premium proportionate”.

December 18th, 2017

Court of Appeal rejects NHS challenge to taking out clinical negligence ATE at start of case


Clinical negligence claimants can continue to take out after-the-event insurance for expert reports when they enter into conditional fee agreements, and premiums will be recoverable even if the case settles before the reports are commissioned, the Court of Appeal has decided in a major ruling today.

November 28th, 2017

Court of Appeal: ATE that can be voided is not adequate replacement for security for costs

A blank file in a filing cabinet

After-the-event insurance which can be voided does not constitute adequate security for costs, the Court of Appeal has ruled. Overturning the decision of Mr Justice Snowden, it said the case raised “important questions of principle” because there may be a tendency for judges at first instance to accept that an ATE policy can stand as security for costs.

November 23rd, 2017

High Court: proportionality is about more than ‘damages v costs’

cutting costs

Proportionality involves more than simply comparing costs budgets with the size of the damages claimed, a High Court judge has made clear. Mr Justice Nugee was ruling in a £350m claim, where the defendants’ costs budgets amounted to only about 7% of the claim.

November 14th, 2017


Here today, gone tomorrow

Andy Talbot Arag

In 2016, it was AU Insurance Services. Last summer, it was Elite Insurance Company. Already in 2018, New Zealand’s CBL Insurance Limited has collapsed, leaving Alpha Insurance A/S in solvent liquidation and run-off. Often, it seems, these failures impacting the legal expenses sector get associated with the after-the-event insurance market, somehow remote from the majority of brokers. But most legal expenses underwriters, wherever they are based, will have feet in both after- and before-the-event camps. The precise causes and circumstances of these failures (and the several others that have occurred in between them) may be very different, but they have all left brokers, other intermediaries and their clients in the lurch.

March 15th, 2018

Featured Associate

John M Hayes

Visit website

Featured Associate

Temple Legal Protection

Visit website