ATE/CFA


CA ruling on ATE and proportionality “a victory for access to justice”

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”.

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Guidance on proportionality at last as judges curtail ATE disputes

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.

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FSCS to protect LAMP policyholders after liquidation is confirmed

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.

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Well-known after-the-event insurer facing liquidation

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.

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“No general duty” for barristers to advise on litigation funding

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.

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CA upholds challenge to routine 100% success fee in low-value PI

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.

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Solicitors lose right to fees after ending retainer “peremptorily”

Solicitors who terminated their retainer “peremptorily” without investigating the circumstances of evidence that might have thrown the case into doubt have lost their claim to £8,000 in fees.

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Firm that ended CFA after client rejected advice entitled to costs

A law firm which stopped acting for a client after she refused to heed its advice to accept an offer to settle her case is entitled to recover the £240,000 in costs due from her under a CFA, the High Court has ruled.

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Blog

19 January 2021
Christian Smith

Pay as you go? Not quite

The Court of Appeal recently reaffirmed the statement of the general rule in the White Book that the costs of an application for an interim injunction will, absent any special factors, be reserved.

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