News
High Court sidesteps Arkin cap: “Not an automatic rule”
The Arkin cap should not be applied automatically in all cases involving commercial litigation funders, the High Court has ruled in deciding that a funder should be fully liable for a successful party’s costs.
Ministry of Justice to put MedCo at heart of LiPs portal
MedCo should be modified to accommodate unrepresented claimants as part of next year’s rise in the small claims limit for road traffic accident-related personal injury claims, the Ministry of Justice said today.
Court of Appeal orders CAT to re-hear £14bn Mastercard claim
The Court of Appeal has overturned the decision that stopped the massive £14bn Mastercard class action – the biggest opt-out claim in English legal history.
Compensators urged to prepare for higher discount rate
The impending change to the discount rate means a focus on old part 36 offers, accommodation claims and cases that have settled but still require court approval, a leading defendant lawyer has said.
Lawyers who had “direct interest” in case face costs hearing
A ruling about ‘without prejudice’ correspondence has brought to light a claim against a group of lawyers who now face having to pay the costs of a case they facilitated.
Vos: Disclosure pilot applies even if order made before January 2019
The disclosure pilot applies to all Business and Property Courts proceedings, including cases where a disclosure order was made before 1 January 2019, the Chancellor of the High Court has ruled.
Vicarious liability not a “one-way street” for accident victims
Assessing the demands of social justice in cases involving vicarious liability is “not a one-way street” for accident victims, a High Court judge has ruled.
Drop in fraudulent PI claims “will not lead to lower premiums”
A likely reduction in fraudulent insurance claims – because of more stringent regulation of CMCs and next year’s whiplash reforms – will probably not boost insurers’ profits, it was claimed today.
Burford raises £230m for new post-settlement fund
Burford Capital has raised nearly $300m (£230m) for a new fund aimed solely at post-settlement matters. The funding will be put to “monetising a claimant’s settlement and other associated legal receivables”.
Woman who lied and exaggerated clinical negligence claim jailed
A woman who lied about the extent of her injuries and disabilities following negligent surgery and sought more than £2.3m in compensation has been jailed for five months.
Blog
Courts as the instrument of fraud
Last month’s Supreme Court decision in Takhar considered the fundamental issue of the circumstances in which will the court permit itself to be an instrument of fraud.
