A long and winding road for trucks cartel litigation

26 November 2018

Trucks manufacturers that have already paid huge fines for their role in fixing prices in European trucks markets are now facing substantial claims from those who overpaid for their vehicles – the first of many.

An analogue decision? Google defeats attempt at consumer ‘class action’

18 October 2018

In an eagerly awaited judgment, the High Court handed down its ruling in Richard Lloyd v Google LLC on 8 October. It seems clear that there is a degree of reluctance to permit group litigation which will not materially benefit consumers. That being said, it is hard to ignore the increased possibilities of group litigation in the context of corporate data breaches, particularly following the implementation of GDPR earlier this year.

Are the days of the Arkin cap numbered?

5 October 2018

The Arkin cap has come to be seen as increasingly unfashionable, and a forthcoming hearing may provide some indication of the prospects of it being consigned to the back of the wardrobe of history. As a reminder, where a claim backed by litigation funding fails, the funder may be susceptible to a non-party costs order in favour of the successful party.

Recoverability: As relevant now as it’s always been

1 October 2018

Part of our response to the Ministry of Justice review of part 2 of LASPO focuses on the need to preserve the partial recovery of after-the-event insurance premiums for clinical negligence claims. It seeks to counter the view from certain quarters that perceives this insurance as somehow being less relevant now. As claimant lawyers and their clients well know, the reality is that it definitely is not the case.

Delivering on the promise

27 September 2018

As the winds of change continue to blow across the personal injury legal market generating uncertainty and challenge, choosing the right legal expense insurance provider can provide some welcome stability and security for law firms, insurers and their customers. But how do you select the right insurer? Yes, price is always going to be a consideration, but I’d argue it definitely shouldn’t be the driving factor.

The impact of technology on PI law

14 September 2018

New technology is rapidly changing the world around us, permanently revolutionising our everyday lives. It is also changing the legal landscape, with law practitioners required to keep abreast of every new development to best help their clients. From helmet and dash cameras to improved CCTV, this is particularly evident in personal injury law.

QOCS and multiple defendants – why both sides need to be wary

16 August 2018

The recent case of Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654 represents a very interesting development in the interpretation of rule 44.14. The question before the Court of Appeal was this: where, in a matter to which QOCS applies, a claimant has brought an action against multiple defendants, is a successful defendant entitled to enforce a costs award in its favour against damages recovered by the claimant from an unsuccessful defendant?

The case for costs management in arbitration

8 August 2018

Way back in May this year, when the grass was still green and some people in London could be spotted wearing two layers of clothing, Sir Rupert Jackson popped over to Mauritius and delivered the keynote speech at the 11th International Conference on Construction Law and ADR. The closing section of his speech brought him back to familiar territory and noted that 67% of respondents to a Queen Mary University review this year identified the high level of costs as the worst feature of international arbitration. So, what’s to be gained by encouraging the introduction of pre-emptive budgeting to arbitral proceedings?

The impact of reform on PI and clin neg lawyers

1 August 2018

With the Civil Liability Bill generating further turbulence in the legal market, Allianz Legal Protection hosted a local roundtable with solicitors in the Bristol area to discuss the challenges and opportunities in the personal injury and clinical negligence market. Over the course of two hours, the conversation focused on both customers and the profession, beginning with talk of a hidden agenda questioning whether honest customers should receive compensation for minor injuries.

The trouble with the debt recovery PAP

25 July 2018

As a lawyer specialising in debt recovery, I believe it was perfectly acceptable and reasonable for a pre-action protocol (PAP) to be introduced to the debt collection process prior to court action. The vulnerable should certainly be protected, and the PAP goes some way towards addressing this. But I don’t believe that it was within the original brief of the PAP that a large segment of the commercial ledgers in the UK would be included.

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