Facilitating high-value, speculative claims can now carry serious costs consequences. Funders must ensure that the merits of a claim are carefully analysed, and kept under close review.
These are challenging but interesting times. We wanted to share a little of what we have learned in terms of how to get the most from remote meetings and hearings.
If ‘litigating from home’ and e-trials are going to be a viable option over the medium or long term, then issues will need carefully to be thought through, and some trade-offs will have to be made.
There is a clear line of sight from the process of a law firm selecting a barrister, to the experience built up by those barristers, to them reaching the position of being able to apply for silk.
Historically, law firms and insurance brokers could form a relationship and the law firm’s obligation to advise clients on ATE was assumed to be complete. Under the STaRs, the onus moves to the individual solicitor.