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News
Law firms launch Ticketmaster, Tesco and Glencore group actions
Law firms have announced group actions against Ticketmaster, Tesco and Glencore in the past two days. Liverpool data breach and cybercrime specialist Hayes Connor has begun work on the action against Ticketmaster after a significant data breach was announced on 27 June 2018.
“No need” for judge who rejected permission to appeal to recuse herself from hearing
There was no need for a judge who rejected permission to appeal on paper to recuse herself from the full hearing, the Court of Appeal has ruled. It is the first the time the Court of Appeal has been asked to consider the possibility of apparent bias in relation to an appeal heard by a single judge.
Claim against law firm within limitation period despite “unconnected” abuse of process
A professional negligence claim was brought within the limitation period despite an “unconnected” abuse of process over the court fee paid, the High Court has held. Providing an incorrect statement of value on the claim form “for tactical reasons” was abuse, but not “sufficiently egregious” for the claim to be struck out.
Augusta secures £150m of capital as litigation funding market hots up
Augusta has become the latest third-party funder to raise new capital, securing an extra £150m as it claims to have funded more cases in the UK than any other. In all, it has so far committed £98m to funding 162 cases. Last year, it also opened an office in Australia.
High Court orders indemnity costs against claimant that discontinued on eve of hearing
Russian state airline Aeroflot has been ordered to pay indemnity costs for the entire eight years of a fraud claim that it dropped on the eve of opening submissions. Mrs Justice Rose said a claimant who makes serious allegations of fraud and then abandons them should normally expect an order for indemnity costs.
Five new judges for High Court but spaces still to fill
The first five of 10 new High Court judges were announced yesterday – including two solicitors from magic circle law firms – but the Judicial Appointments Commission was unable to find enough candidates of sufficient quality among the 52 who applied to fill all the vacancies on the bench.
“Courts need to do more in battle against fraudulent claims” says insurer
A leading insurance company that had to appeal to the High Court to secure a finding of fundamental dishonesty in a personal injury claim said the case showed the industry needed “more support” from judges if they are to challenge fraudulent claims.
Senior Costs Judge flags concern over PI solicitors’ standard 100% success fee
The Senior Costs Judge has called on the Law Society to remind personal injury solicitors of their obligation to undertake individual risk assessments in low-value cases and not just apply a blanket 100% success fee. He also called for a broad extension of qualified one-way costs shifting.
Jackson urges Ministry of Justice to abandon DBA caution
Sir Rupert Jackson last week told justice minister Lucy Frazer that the government was wrong to tread with caution over reforming the regime for damages-based agreements (DBAs). He said there was “no possible reason” why hybrid DBAs were not allowed when hybrid conditional fee agreements were.
Burnett calls for urgent action over shortage of High Court judges
There is an “urgent need to act now” to make the High Court bench an attractive destination for lawyers as it struggles with fewer judges than it should have, the Lord Chief Justice said yesterday. The High Court’s statutory complement is 108 but currently there are only 93 judges.
Ministry of Justice admits to £9m court fee overcharging
The Ministry of Justice today admitted to overcharging court users for certain types of cases, and is to both reduce certain court fees and refund those who have overpaid. It said it was reviewing the methodology for setting court fees.
New flagship criminal and civil court to be built in heart of legal London
A new flagship court is to be built in the heart of legal London to tackle cybercrime, fraud, and economic crime, and also replace the Mayor’s and City of London County Court, and City of London Magistrates’ Court.
Barrister firm targets cases PI lawyers plan to abandon
Personal injury law firms are abandoning clients and discarding winnable cases to the pressures of operating in the market, a barrister-run law firm has claimed. Barrister-Direct has launched a new service to offer solicitors a second look on files.
Premiums up, claims down: 2017 was “best year this century” for motor insurers
Premium increases, a fall in injury claims and the release of reserves for large claims due to an “improved outlook” on the discount rate made 2017 the best year for motor insurers since 1994, new figures have shown. They also predicted that motorists would save £35 from the Civil Liability Bill reforms.
DBAs and referral fees in spotlight as Ministry of Justice begins LASPO review
The reforms contained in part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 are generally working well, the Ministry of Justice said today in a preliminary assessment that marks the start of the post-implementation review of the provisions.
Blog
A golden opportunity for the ATE market to innovate
With the key judgement in the BNM v MGN case not expected until the end of the year, and decisions in the fixed recoverable costs arena not due until 2019, the after-the-event (ATE) insurance sector – already burdened by ever-changing regulation – is playing something of a waiting game. But this could be a golden opportunity for the ATE sector – the chance to take advantage of what might otherwise be a relative lull in activity period to set in motion a time of self-analysis and transformation, to develop plans for what the future of ATE insurance will look like.
July 16th, 2018
