Funding

Financial ombudsman shift allows BTE policyholders to change to own solicitor earlier

Law Society - Front2

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.

December 11th, 2017

High Court orders third-party funder to pay security for costs in excess of Arkin cap

foskett-j

The High Court today hinted at the first crack in the Arkin rule that third-party litigation funders are only liable for adverse costs to the extent of their investment in a case. Mr Justice Foskett awarded a defendant security for costs against a funder in a sum greater than the amount committed.

December 8th, 2017

High Court: Litigation funding documents protected by legal advice privilege

RCJ portrait

The High Court has ruled that a set of litigation funding documents were protected by privilege because they inferred the substantive legal advice that had been given in the underlying dispute. The court also said that it was “not part of our law as to disclosure that every conceivable stone must be turned over”.

December 7th, 2017

Court of Appeal rejects NHS challenge to taking out clinical negligence ATE at start of case

surgeons

Clinical negligence claimants can continue to take out after-the-event insurance for expert reports when they enter into conditional fee agreements, and premiums will be recoverable even if the case settles before the reports are commissioned, the Court of Appeal has decided in a major ruling today.

November 28th, 2017

Court of Appeal: ATE that can be voided is not adequate replacement for security for costs

A blank file in a filing cabinet

After-the-event insurance which can be voided does not constitute adequate security for costs, the Court of Appeal has ruled. Overturning the decision of Mr Justice Snowden, it said the case raised “important questions of principle” because there may be a tendency for judges at first instance to accept that an ATE policy can stand as security for costs.

November 23rd, 2017

Court ruling forces Harcus Sinclair to withdraw from VW emissions case

Volkswagen logo

London law firm Harcus Sinclair has been forced to withdraw from the massive VW emissions group action it was helping to co-ordinate because of a breach of a non-disclosure agreement it signed before the case began. It has been barred from involvement until 2022 but intends to appeal.

November 16th, 2017

High Court: proportionality is about more than ‘damages v costs’

cutting costs

Proportionality involves more than simply comparing costs budgets with the size of the damages claimed, a High Court judge has made clear. Mr Justice Nugee was ruling in a £350m claim, where the defendants’ costs budgets amounted to only about 7% of the claim.

November 14th, 2017

City firm building surgical mesh implant group action “rapidly”

David Golten

A City law firm says it is receiving 20 new enquiries a day as it builds a group action on behalf of women who have suffered life-changing complications as a result of transvaginal surgical mesh implants. Wedlake Bell said there are now more than 400 claimants in the group.

November 9th, 2017

Court of Appeal overturns Senior Costs Judge’s ruling on proportionality test

Sir Terence Etherton

The Senior Costs Judge was wrong to apply the new proportionality test to additional liabilities in a case that began before LASPO took effect on 1 April 2013, the Court of Appeal has ruled. However, it did not offer any hoped-for guidance on the new test, although it is understood that three conjoined cases raising the issue are due to be heard soon.

November 7th, 2017

Strong support from UK public for consumer class actions, while half back third-party funding

European Commission

There is strong public support for collective consumer actions in the UK, new research has found, although most want it, and any third-party litigation funding that supports a case, to be subject to controls – many of which already exist here.

October 3rd, 2017

Blog

All I want for Christmas is…

Stack of documents and papers

This is my valedictory blog for 2017. I am grateful to my loyal reader for enduring the polluted flushings of my diseased mind over the past six months. It has been fun to write and I hope that I have given the reader an insight into the world of a litigation flaneur. Before I bid you happy holidays, I would like to share with you my two wishes for Christmas. For the avoidance of doubt, these relate to litigation finance and not my personal desires, which include a solid gold house, rocket shoes and the power to become invisible at will.

December 12th, 2017

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