ATE/CFA

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.

Well-known after-the-event insurer LAMP has applied to go into liquidation after failing to secure additional finance so it can meet its current obligations and insure new risks.

Barristers are under no duty to advise clients on litigation funding unless specifically instructed to, and do not then assume “a continuing duty” to keep it under review, the High Court has held.

Solicitors handling low-value PI claims since LASPO should have undertaken risk assessments before setting success fees – rather than just applying 100% across the board – the Court of Appeal has ruled.