Three’s a crowd – who pays?

Matthew Pascall 2

In September 2014 a UKIP MEP, Jane Collins, gave a speech at UKIP’s annual conference slandering three Labour MPs. The following month, a letter of claim on their behalf was sent to Ms Collins. It contained an offer of settlement under which Ms Collins would pay each £10,000 in damages, which they would then pay to charity. UKIP’s National Executive Committee discussed the letter of claim that month and referred Ms Collins to solicitors, RMPI, with whom UKIP had close ties. No settlement having been agreed, in November 2014 the three MPs issued claims against Ms Collins. Temple Legal Protection insured the MPs’ claims.

May 16th, 2018

Effective people = Satisfied customers

Steve Rowley2017

Two of the biggest frustrations for customers is receiving poor service post sale and not being understood. For a business, the hard work shouldn’t stop with securing the client but should continue to ensure that they see your business as a value add. Regardless of which market you’re in, there’s always a great attention to detail in product development, driven through market insight and customer trends. Whilst the ‘tangible asset’ is of course extremely valuable to meeting client needs, often what is overlooked is the ongoing support and guidance that a client needs.

May 1st, 2018

The increasing appetite for third-party funding in Europe

Ross Nicholls

Although investors in common law jurisdictions have for sometime recognised litigation as an asset worth investing in, litigation funding remains less prominent in the civil law jurisdictions of mainland Europe. However, the European appetite is beginning to shift in favour of litigation funding, and many large dedicated funds active in common law jurisdictions such as the US, UK and Australia are starting to provide third-party capital to claimants with strong cases.

April 10th, 2018

The Civil Liability Bill: Are we brave enough to care?


It is time for the insurers’ complaints and claimants’ gloating to cease. Last week, the Civil Liability Bill was introduced into the House of Lords, which promises to “modernise the way the discount rate is set”. With measures including three-yearly reviews and the creation of an independent expert panel to advise on the appropriate rate, the Ministry of Justice has promised that the 100% compensation principle will be supported by the bill.

March 28th, 2018

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

The fear of speaking out

David Vine 3

I am sure that many of us read with horror the findings of the review into the Liverpool Community Health NHS Trust by Dr Bill Kirkup. He reported that every part of the system failed, leading to patients suffering “significant harm”, and this happened as the trust was considering what it could learn from the Mid Staffordshire scandal. I don’t want this blog to be yet another hammering of the NHS, but rather highlight the need in whatever industry we’re in, public or private, for an open, no-blame culture to exist. It is the only way to learn and improve. Time and time again we read of the fear of speaking out.

March 9th, 2018

Working out the price of justice

Christopher Deadman 2

There have been a few threads on social media recently where claimant solicitors have complained that litigation finance is often too expensive for it to represent a viable funding option for their clients. There is no doubt that, in the early years, litigation funding was aggressively priced. But as new players have entered the market with access to ever-increasing amounts of capital, the costs have reduced considerably. The days of every funder requiring a return based on a significant portion of the claimant’s damages are an almost-distant memory.

March 1st, 2018

Avoiding the trap of fixed costs in high-value claims

David Disney

Have you been caught out by fixed costs on a high-value RTA or EL/PL claim that settled prior to allocation to the multi-track? Over the past couple of months, we have seen this issue arise on a number of occasions. So, in what circumstances do fixed recoverable costs (FRC) under part IIIA of CPR 45 apply to high-value claims? They apply if a claim was submitted through the portal but no longer continues under the relevant protocol and the matter is not allocated to the multi-track. This is the scenario we are finding to be quite common in practice and something which practitioners should become familiar with in order to avoid the pitfalls of fixed costs.

February 23rd, 2018

The misleading claims behind the campaign to lower the discount rate

Matthew Best Temple Legal Protection

A coalition of organisations which represent the NHS and health professionals has made strong claims in a letter to justice secretary David Gauke that the legal costs of clinical negligence claims are crippling the NHS. Similar comments were made by the National Audit Office (NAO) in September last year and yet the case doesn’t hold water. The letter was signed by the NHS Confederation, Academy of Medical Royal Colleges, British Medical Association, Family Doctors Association, Medical Protection Society, Medical Defence Union and the Medical and Dental Defence Union of Scotland.

February 9th, 2018

A year of opportunity

Matthew Pascall Temple Legal

As we move forward into 2018, litigation costs are expected to be in the spotlight and we hope to get further clarity over how the LASPO changes are applied in practice with regard to proportionality. Last year saw a similar message delivered by all sides of the legal sector during the Legal Futures Innovation Conference: the marketplace is evolving with greater rapidity, technology is becoming increasingly relevant, and ambitious new firms are looking to offer added value in order to secure long-term client relationships.

January 16th, 2018