O’Brien v Shorrock and another – WLR Daily

O’Brien v Shorrock and another [2015] EWHC 1630 (QB); [2015] WLR (D) 366

The obligation under paragraph 19.4 of the CPR Practice Direction 44, since amended, was to inform the other party, by the notice of funding, of the date when a conditional fee agreement with retrospective effect was made rather than the earlier date when it came into effect.

WLR Daily, 12th June 2015

Source: www.iclr.co.uk

Comments Off on O’Brien v Shorrock and another – WLR Daily

This judgment could shake up how personal injury solicitors operate – The Guardian

‘A claim brought on behalf of two children hurt in an accident has thrown doubt on the use of success fees, and on the unintended consequences of scrapping legal aid in such cases.’

Full story

The Guardian, 21st August 2015

Source: www.guardian.co.uk

Comments Off on This judgment could shake up how personal injury solicitors operate – The Guardian

Good news for law firms as High Court rejects insurer’s bid to cap liability for multiple claims – Legal Futures

Posted August 17th, 2015 in indemnities, insurance, law firms, news, solicitors by sally

‘Solicitors’ professional indemnity insurers cannot aggregate multiple related claims when the terms of the transactions are not conditional or dependent upon each other, the High Court has decided in a ruling said to protect law firms from financial risk.’

Full story

Legal Futures, 17th August 2015

Source: www.legalfutures.co.uk

Comments Off on Good news for law firms as High Court rejects insurer’s bid to cap liability for multiple claims – Legal Futures

Supreme Court to decide whether insurers can reopen settlements made with “eyes wide open” – Litigation Futures

Posted August 17th, 2015 in fraud, insurance, news, personal injuries by sally

‘The Supreme Court is to rule on whether an insurer can reopen a settled case to revive an allegation of fraud.’

Full story

Litigation Futures, 14th August 2015

Source: www.litigationfutures.com

Comments Off on Supreme Court to decide whether insurers can reopen settlements made with “eyes wide open” – Litigation Futures

Claimant protected by QOCS despite earlier CFA, costs judge rules – Litigation Futures

Posted August 5th, 2015 in costs, fees, insurance, news, personal injuries by sally

‘A claimant is entitled to the protection of qualified one-way costs shifting (QOCS) even though she signed an earlier conditional fee agreement (CFA) for the same injury under the old rules, a regional costs judge has ruled.’

Full story

Litigation Futures, 4th August 2015

Source: www.litigationfutures.com

Comments Off on Claimant protected by QOCS despite earlier CFA, costs judge rules – Litigation Futures

Lawrence and others v Fen Tigers Ltd and others (No 3) (Secretary of State for Justice and others intervening) – WLR Daily

Posted July 30th, 2015 in appeals, costs, fees, insurance, law reports, Supreme Court by sally

Lawrence and others v Fen Tigers Ltd and others (No 3) (Secretary of State for Justice and others intervening) [2015] UKSC 50; [2015] WLR (D) 332

‘The costs regime in place between 1999 and 2013, which could require losing defendants to pay not only the claimants’ base costs but any success fee and after the event (“ATE”) insurance premium which they had paid as part of their conditional fee arrangement— even though the total costs were far in excess of the value of the claim— was not contrary to defendants’ rights to a fair trial and to the protection of their property under article 6 of, and article 1 of the First Protocol (“A1P1”) to, the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

Comments Off on Lawrence and others v Fen Tigers Ltd and others (No 3) (Secretary of State for Justice and others intervening) – WLR Daily

Insurers win the latest round in credit hire match – Hardwicke Chambers

Posted July 28th, 2015 in appeals, insurance, news, rent by sally

‘The insurers have won the most recent bout in what has been an ongoing slugfest between them and credit hire organisations (CHOs) for more than 20 years. The Court of Appeal has given guidance about calculating the basic hire rate (BHR) which favours the Insurers.’

Full story

Hardwicke Chambers, 2nd June 2015

Source: www.hardwicke.co.uk

Comments Off on Insurers win the latest round in credit hire match – Hardwicke Chambers

Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50 – Henderson Chambers

Posted July 27th, 2015 in civil procedure rules, costs, fees, human rights, insurance, news, Supreme Court by sally

‘The Supreme Court has handed down its Judgment in Coventry v Lawrence in which it considered the compatibility of the system for the recovery of success fees and ATE premiums under the Access to Justice Act 1999 with the European Convention on Human Rights, Articles 6 and Article 1 Protocol 1. The Court held by a majority of 5-2 (Lord Neuberger, Lord Dyson, Lord Sumption, Lord Mance and Lord Carnwarth in the majority and Lord Clarke and Lady Hale dissenting) that the system is compatible. Success fees and ATE premiums entered into under the AJA 1999 scheme will therefore remain to be recoverable by successful claimants. Whether the decision will be challenged before the ECtHR in Strasbourg and, if so,whether the European Court will take the same view as the Supreme Court remains to be seen.’

Full story

Henderson Chambers, 24th July 2015

Source: www.hendersonchambers.co.uk

Comments Off on Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50 – Henderson Chambers

Summary Disposal of Unfair Relationships Claims: Axton & Axton v GE Money Mortgages Limited and another [2015] EWHC 1343 – Henderson Chambers

Posted July 27th, 2015 in burden of proof, consumer credit, insurance, news by sally

‘The High Court (Swift J, 22 May 2015) has upheld an order dismissing a claim under section 140A of the Consumer Credit Act 1974 (CCA) on the summary basis, in the absence of conduct on the part of a lender causative of unfairness in a debtor/creditor relationship.’

Full story

Henderson Chambers, 3rd June 2015

Source: www.hendersonchambers.co.uk

Comments Off on Summary Disposal of Unfair Relationships Claims: Axton & Axton v GE Money Mortgages Limited and another [2015] EWHC 1343 – Henderson Chambers

Old conditional fee agreements did not breach human rights law, Supreme Court rules – OUT-LAW.com

Posted July 27th, 2015 in costs, fees, human rights, insurance, news, proportionality, Supreme Court by sally

‘A speedway track operator must pay the legal expenses of the couple who successfully sued it for noise-related nuisance after the UK’s highest court ruled that the old fee recovery regime did not breach its right to a fair trial.’

Full story

OUT-LAW.com, 24th July 2015

Source: www.out-law.com

Comments Off on Old conditional fee agreements did not breach human rights law, Supreme Court rules – OUT-LAW.com

Government calls in Civil Justice Council to investigate NIHL claims – Litigation Futures

Posted July 27th, 2015 in Civil Justice Council, compensation, insurance, news, noise by sally

‘The Ministry of Justice has asked the Civil Justice Council (CJC) to investigate the number and cost of claims for noise-induced hearing loss (NIHL), it has announced.’
Full story

Litigation Futures, 29th July 2015

Source: www.litigationfutures.com

Comments Off on Government calls in Civil Justice Council to investigate NIHL claims – Litigation Futures

NEW UNINSURED DRIVERS’ AGREEMENT – IN FORCE 1 AUGUST 2015 – Zenith PI

‘A new Uninsured Drivers’ Agreement comes into force on 1 August 2015 which applies to accidents occurring on or after that date.’

Full story

Zenith PI, 13th July 2015

Source: www.zenithpi.wordpress.com

Comments Off on NEW UNINSURED DRIVERS’ AGREEMENT – IN FORCE 1 AUGUST 2015 – Zenith PI

Revised Uninsured Drivers’ Agreement to come into force next month – Litigation Futures

Posted July 7th, 2015 in consultations, insurance, news, uninsured drivers by sally

‘A new Uninsured Drivers’ Agreement will come into force for accidents occurring on or after 1 August 2015, the Motor Insurers’ Bureau (MIB) has announced.’

Full story

Litigation Futures, 7th July 2015

Source: www.litigationfutures.com

Comments Off on Revised Uninsured Drivers’ Agreement to come into force next month – Litigation Futures

Courts given stronger powers to strike out ‘fundamentally dishonest’ claims, says expert – OUT-LAW.com

Posted June 18th, 2015 in fraud, insurance, news, personal injuries, striking out by sally

‘Courts in England and Wales now have the power to strike out personal injury claims in their entirety if the person making the claim has been fundamentally dishonest, even if parts of the claim were genuine.’
Full story

OUT-LAW.com, 17th June 2015

Source: www.out-law.com

Comments Off on Courts given stronger powers to strike out ‘fundamentally dishonest’ claims, says expert – OUT-LAW.com

Record PPI fine for Lloyds knocks 12% off Horta-Osório’s bonus – The Guardian

‘Lloyds Banking Group has docked £350,000 from the bonus of its boss António Horta-Osório after being hit with a £117m fine for unacceptable handling of compensation claims for payment protection insurance.’

Full story

The Guardian, 5th June 2015

Source: www.guardian.co.uk

Comments Off on Record PPI fine for Lloyds knocks 12% off Horta-Osório’s bonus – The Guardian

Why cracking up isn’t a laughing matter! – New Law Journal

Posted June 3rd, 2015 in environmental health, housing, insurance, news, repairs by sally

‘Ground stability issues aren’t something the average homeowner considers when putting in an offer on their new home. It is more likely that thoughts will turn to BBQs on the lawn while the sun is shining, rather than focusing on what lies beneath the property.’
Full story

New Law Journal, 29th May 2015

Source: www.newlawjournal.co.uk

Comments Off on Why cracking up isn’t a laughing matter! – New Law Journal

International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) – WLR Daily

International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) [2015] UKSC 33; [2015] WLR (D) 233

‘At common law, an employer who had compensated an employee for exposing him to mesothelioma was only entitled to an indemnity under his liability insurance to the extent of the proportion which the policy period bore to the whole period of the employee’s exposure by the employer but could recover 100% per cent of the defence costs incurred in defending the employee’s claim.

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

Comments Off on International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) – WLR Daily

Supreme Court backs “broad equitable approach” to insurers’ liability in mesothelioma cases – Litigation Futures

Posted May 21st, 2015 in appeals, asbestos, compensation, insurance, news, Supreme Court by sally

‘Insurers liable to pay compensation to mesothelioma victims have rights to pro rata contributions from other insurers and/or employers covering some of the time of exposure, the Supreme Court has ruled.’
Full story

Litigation Futures, 20th May 2015

Source: www.litigationfutures.co.uk

Comments Off on Supreme Court backs “broad equitable approach” to insurers’ liability in mesothelioma cases – Litigation Futures

Start the clock – New Law Journal

Posted April 30th, 2015 in insurance, legal profession, news, privilege by sally

‘When does a contractual retainer arise & when does legal advice privilege apply, asks David Burrows.’

Full story

New Law Journal, 24th April 2015

Source: www.newlawjournal.co.uk

Comments Off on Start the clock – New Law Journal

Moreno v Motor Insurers’ Bureau – WLR Daily

Moreno v Motor Insurers’ Bureau [2015] EWHC 1002 (QB); [2015] WLR (D) 177

‘The scope of the defendant’s liability to the claimant under regulation 13(2) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 was to be determined in accordance with the law of England and Wales and not the law of the country where the accident occurred.’

WLR Daily, 17th April 2015

Source: www.iclr.co.uk

Comments Off on Moreno v Motor Insurers’ Bureau – WLR Daily