News

Pre-trial 90% part 36 offer was “genuine attempt” to settle

foskett-j

The High Court has rejected the argument that a part 36 offer to settle a clinical negligence claim for 90% of its value was not a genuine offer because it was made shortly before trial. Mr Justice Foskett said it would extremely difficult for the paying party to show that an offer did not reflect a realistic assessment of the risks of the case.

February 12th, 2018

Newspaper backs down over law firm claims after ISPO complaint

RBS

The law firm acting for shareholders in the RBS rights issue litigation has secured a substantial correction from the Sunday Express to a story that implied it was in dispute with its clients, after making a complaint to the Independent Press Standards Organisation.

February 9th, 2018

“Regretful” Court of Appeal rejects media firm’s bid to recover huge costs bill

Michael Radford

The Court of Appeal has upheld a decision that a leading media law firm could not recover hundreds of thousands of pounds in costs because its conditional fee agreement did not cover much of the work it undertook. Lord Justice McCombe said he rejected the appeal “not without regret”.

February 8th, 2018

Exclusive: MedCo finally reveals MRO numbers as it fights off bid to halt downgrade of tier 1 agency

UK map with compass

MedCo has for the first time revealed the number of medical reporting organisations (MROs) on its system following the recent annual audit programme. It came as one of the legal challenges that has beset MedCo of late was published, in which On Medical failed in its bid to halt being downgraded from a tier 1 MROs to a tier 2.

February 8th, 2018

Law firm defeats global patent giant in dispute over group action domain name

Internet connection

A law firm that set up a website to publicise a group action it is bringing against one of the world’s largest patent renewal businesses has fought off a complaint about the domain name it is using. CPA Global alleged that the ‘cpaglobal-litigation.com’ URL breached its trade mark.

February 7th, 2018

NHS Resolution calls for compulsory ADR before issue and “cards on the table” from claimants

surgeons

Parties should be required to engage in a form of alternative dispute resolution (ADR) before the issue of proceedings, NHS Resolution has argued. It also “strongly” advocated the disclosure of liability and quantum reports prior to issue.

February 6th, 2018

Deed of indemnity plus ATE enough for security for costs, but not to release solicitors from undertakings

coins

A deed of indemnity from an after-the-event insurer was a sufficient replacement for security for costs, the High Court has ruled, but it did not release their solicitors from undertakings given previously in lieu of an order for security.

February 5th, 2018

Costs judge calls for “authoritative guidance” on applications by former clients for their files

confidential stamp

Authoritative guidance on whether clients can demand their full files from previous solicitors would help the Senior Courts Costs Office deal with the large number of applications it is facing, a costs judge has said. Master Brown’s comment came in a decision in which he granted such an application.

February 2nd, 2018

Regional “ethos” of Business & Property Courts on show as Bristol judge refuses London transfer

Business & Property Courts Rolls Building

The focus of the new Business & Property Courts structure on keeping cases in the regions and not transferring them to London unless necessary has seen a judge in Bristol refuse an application to move a piece of group litigation to the capital.

February 1st, 2018

Poor-quality reports mean it’s “premature” to expand MedCo

Matt Currie Irwin Mitchell

There are too many poor-quality medical reports being produced via MedCo, and so it is premature to extend it to other types of personal injury claim, a leading claimant solicitor has cautioned. He also called on practitioners to tell MedCo about sub-standard reports.

February 1st, 2018

Funding round-up: Burford raises another £127m, Therium backs Noel Edmonds claim, and much more

Noel Edmonds

Burford Capital has continued to grow its financial muscle after raising $180m (£127m) through an oversubscribed issue of US dollar-denominated bonds on the main market of the London Stock Exchange. We also report on Therium funding TV presenter Noel Edmonds’ claim against Lloyds, along with other funding news around the world.

January 31st, 2018

Claimant who boosted injuries claim over £1m withdraws in face of fundamental dishonesty plea

Matthew Perkins Keoghs

An injured motorcyclist who went through what turned out to be unnecessary operations to bolster his £1m-plus claim has dropped his case altogether after the defendant insurer found that he was not as badly hurt as he portrayed.

January 30th, 2018

High Court rejects BBC’s bid to move Paradise Papers case to media list

BBC Broadcasting House

Offshore law firm Appleby has won the first skirmish in its case against the BBC and The Guardian newspaper over the ‘Paradise Papers’ leak, after the High Court refused the defendants’ bid to move the case from the Chancery Division to the media and communications list.

January 29th, 2018

Law Society joins battle over whether third-party capture insurer still has to pay solicitors’ costs

Law Society - Front2

The Law Society has been granted permission to intervene in the Supreme Court’s hearing of a case that made a major strike against the practice of third-party capture in personal injury. The Court of Appeal ordered insurance company Haven to pay the claimants’ solicitors the costs they would have earned had they not settled directly.

January 29th, 2018

Top barristers who refuse to become judges “will destroy infrastructure”, warns Vos

Sir Geoffrey Vos

Commercial barristers “of the highest quality” who refuse to become judges will “destroy the very infrastructure that has allowed them to prosper”, the chancellor of the High Court has warned. Sir Geoffrey Vos noted the salary gap between judges and leading commercial lawyers, but said judicial salaries were still good.

January 25th, 2018

Blog

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