BTE

The right under EU law for people with legal expenses insurance to choose their own lawyer in legal proceedings extends to mediation, the Court of Justice of the European Union has ruled.

The High Court has struck out a claim by a litigant-in-person who responded to the failure of an employment case by launching an “indiscriminate attack” against legal expenses insurers and regulators.

A sister company to leading volume personal injury firm Minster Law is set to enter the legal expenses insurance market with a promise to price cover more accurately.

The Law Society could maintain a list of solicitors willing and able to act for legal expenses insurers and even negotiate fee levels, the International Bar Association has suggested.

Expansion of the market for standalone before-the-event legal expenses insurance is being held back by “lack of understanding” among consumers as to what it covers, a report has concluded.

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 founders of legal expenses insurer Motorplus have been ordered by the High Court to repay the entire sale price of the company of almost £2.4m for breaching warranties.

A before-the-event legal expenses insurer has warned of the “unintended and very serious detrimental effect” of the government’s personal injury reforms on the market. He said the planned increase in the small claims limit for RTA cases would “cast doubt” on the ability of the BTE industry to provide legal representation.

Clients with before-the-event legal expenses insurance can now change from panel solicitors to one of their choice earlier than was previously the case following a subtle but significant shift made by the Financial Ombudsman Service. The point at which policyholders can exercise their choice of solicitor has been the subject of argument for years.

The role which before-the-event legal expenses insurance might play in improving access to justice is to be examined by a working group set up by the Civil Justice Council. BTE is to become more prominent in the wake of the government’s personal injury reforms, with one leading insurer predicting an increase in both demand and premiums as a result.