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Master rejects defendant’s attacks on £10,000 ATE premium for £200,000 med neg case

A costs judge has rejected attacks by the defendant on a £10,000 after-the-event insurance premium obtained by a claimant in a medical negligence case which eventually settled for £200,000. The ATE insurance was block-rated under an agreement between Irwin Mitchell and Allianz.

August 24th, 2017 | No Comments »

Third time unlucky for Irwin Mitchell over “failing to advise properly” on CFA switches

Irwin Mitchell has lost the right to recover success fees and insurance premiums from defendants for a third time after failing to advise on the 10% uplift in general damages, it has emerged. The three cases all involve medical negligence victims who were switched from legal aid to conditional fees shortly before 1 April 2013.

March 10th, 2016 | No Comments »

Judge rejects NHSLA challenge to medical negligence ATE premium

A circuit judge has rejected a challenge by the NHS Litigation Authority to a medical negligence ATE insurance premium described by the claimant as a “perfectly normal block policy”. There was “no requirement” that the policy must state the amount of the premium that relates to the relevant risk.

February 29th, 2016 | No Comments »

Government confirms 1 October 2016 date for fixed costs in clinical negligence

The introduction of fixed recoverable costs in clinical negligence cases is still planned for 1 October 2016, the Department of Health has confirmed. The news came as independent research of the pre-LASPO regime concluded that conditional fee agreements gave people on middle incomes access to justice and did not result in “a feast of ambulance-chasing”.

January 14th, 2016 | 2 Comments »

Brooke: government lawyers must take part in mediation even if it means “losing business”

Sir Henry Brooke, former Vice-President of the Court of Appeal’s Civil Division, has called on government lawyers to “involve themselves in mediations even if they perceive that they may be losing business for themselves”.

January 12th, 2016 | No Comments »

NHSLA hit again with indemnity costs for refusing to mediate

The NHS Litigation Authority has once more been ordered to pay indemnity costs on assessment proceedings after rejecting an offer to mediate. Master Simons said “there should be a sanction” for unreasonably failing to mediate.

January 8th, 2016 | No Comments »

NHSLA must settle cases now to avoid paying extra tax on premiums, insurer warns

The NHS Litigation Authority (NHSLA) has until the end of next month to settle cases and avoid paying extra tax on ATE premiums, a leading insurer has warned. Paul Hurley said premiums paid at the lower rate of 6% must reach ARAG by 31 January 2016.

December 23rd, 2015 | No Comments »

‘First ever ruling’ punishing losing defendant for rejecting offer of costs ADR

Irwin Mitchell is claiming to have won the first ever ruling punishing a losing defendant for rejecting an offer to mediate the costs of their dispute. Partner Tom Blackburn said the ruling was “exciting” because it applied to all forms of litigation, not just medical negligence..

December 14th, 2015 | No Comments »

Rule committee sets shorter deadlines for filing costs budgets

Lawyers will be set much shorter deadlines to file their costs budgets under a draft rule agreed by the Civil Procedure Rule Committee. The committee reversed an earlier decision to scrap costs capping rules.

December 9th, 2015 | No Comments »

“There will be legal challenges” if med neg fees set too low, SCIL chair predicts

The Department of Health (DoH) will face legal challenges if fixed fees for medical negligence cases are set at too low a level, the chair of the Society of Clinical Injury Lawyers, has predicted. Stephen Webber also predicted that specialist lawyers would leave the market.

October 7th, 2015 | No Comments »