UK holiday fraudsters could face jail – BBC News

Posted June 21st, 2017 in compensation, fraud, holidays, imprisonment, insurance, news, personal injuries by sally

‘UK holidaymakers who make bogus food poisoning claims could go to prison, warns travel trade organisation Abta.’

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BBC News, 21st June 2017

Source: www.bbc.co.uk

Payday loan complaints see sharp rise despite new rules – BBC News

‘Complaints about payday loans have risen sharply for the second consecutive year despite strict new regulations limiting interest charges.’

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BBC News, 13th June 2017

Source: www.bbc.co.uk

In re RBS rights issue litigation (No 2) – WLR Daily

Posted June 7th, 2017 in civil procedure rules, costs, insurance, law reports, third parties by sally

In re RBS rights issue litigation (No 2) [2017] EWHC 1217 (Ch)

‘Subsequent to the defendant bank and its directors having learnt of the identity of the third party funders of the claimants following a successful application made under CPR r 25.14, the defendants sought security for costs pursuant to CPR r 25.14(2)(b) against those funders. That application was prompted by settlements with some of the original claimants, as a result of which the remaining claimants’ exposure to adverse costs increased, and by the defendants learning that the claimants did not have adequate after-the-event (“ATE”) insurance cover in place. The first respondent, a commercial funder and British Virgin Islands entity, opposed the application on the grounds that: (a) its financial position was such that it would be well able to meet any award for costs and in any event the defendants had not demonstrated that the claimants would fail to meet a costs award against them; and (b) the application was made extremely late and therefore caused it and the claimants real prejudice. The second respondent, an Isle of Man entity that was not in the business of litigation funding and provided funding close to the eve of trial, opposed the application on the grounds that: (a) it was unlikely that a section 51 order would be made against it in due course; and (b) no security was justified or necessary on the evidence and the timing was oppressive. Both respondents also argued that: (c) the quantum of security sought was excessive.’

WLR Daily, 23rd May 2017

Source: www.iclr.co.uk

Protecting the cost of clients’ initial disbursements – Litigation Futures

Posted June 1st, 2017 in civil justice, costs, insurance, news, solicitors by sally

‘The overwhelming majority of solicitors understand the need to offer their clients financial protection during the course of litigation, however, often the inclination is to assist in safeguarding their client’s financial risk is generally befitting when it comes to Issuing Proceedings. At this juncture it becomes appropriate to make a recommendation of the possibility in obtaining After the Event Insurance.’

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Litigation Futures, 31st May 2017

Source: www.litigationfutures.com

Breast surgeon Ian Paterson jailed for 15 years for carrying out needless operations – The Guardian

Posted June 1st, 2017 in compensation, conspiracy, doctors, health, insurance, news, sentencing, wounding by sally

‘Victims of a rogue breast surgeon who left hundreds of patients disfigured after carrying out needless operations have called for “co-conspirators” to be held to account, accusing them of turning a blind eye to the malpractice.’

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The Guardian, 31st May 2017

Source: www.theguardian.com

Judge outlines concern over “extraordinary” £129m costs of RBS in defending rights issue case – Litigation Futures

Posted May 24th, 2017 in banking, costs, insurance, judges, news, payment into court by sally

‘The judge in charge of the RBS rights issue litigation has outlined his “very great concern” about the “extraordinary” costs racked up by the bank, which are currently estimated at £129m.’

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Litigation Futures, 24th May 2017

Source: www.litigationfutures.com

Stage 1 Costs Do Not Need To Be Repaid – JC and A Solicitors v Iqbal (1) EUI (2) [2017] EWCA Civ 355 – Zenith PI Blog

Posted May 18th, 2017 in appeals, costs, insurance, news, personal injuries, repayment by tracey

‘This case concerned the issue of whether or not claimants (or their solicitors) should be obliged to repay Stage 1 costs of £400 + VAT (under the “old” Portal rules) in claims which did not then proceed to Stage 2.’

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Zenith PI Blog, 16th May 2017

Source: www.zenithpi.wordpress.com

Claimant delight as court rejects repayment of £400 fixed costs – Law Society’s Gazette

Posted May 18th, 2017 in appeals, costs, insurance, news, personal injuries, repayment by tracey

‘The Court of Appeal has ruled that solicitors should be able to claim protocol costs for claims which did not go beyond the first stage.’

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Law Society’s Gazette, 16th May 2017

Source: www.lawgazette.co.uk

Supreme Court: Simultaneous weather events did not put charterers in breach of ‘safe port’ warranty – OUT-LAW.com

Posted May 12th, 2017 in charterparties, harbours, insurance, news, shipping law by sally

‘The rare simultaneous occurrence of two otherwise common events was an ‘abnormal occurrence’, which did not put the charterers of a ship which ran aground in port in breach of the ‘safe port’ warranty they gave to the owners.’

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OUT-LAW.com, 11th May 2017

Source: www.out-law.com

Right to damages for ‘unreasonably’ late insurance claims settlement now in force – OUT-LAW.com

Posted May 9th, 2017 in contracts, damages, delay, financial regulation, insurance, news by tracey

‘Business and consumer insurance policyholders may now pursue their insurers in the courts if they do not settle claims within a reasonable amount of time.’

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OUT-LAW.com, 8th May 2017

Source: www.out-law.com

Insurer loses bid to appeal indemnity costs issue in unusual case where expert agreed to cover its costs – Litigation Futures

Posted May 9th, 2017 in appeals, costs, expert witnesses, indemnities, insurance, news by tracey

‘An insurer has failed to convince a judge that a medical expert who agreed to cover its costs in a whiplash case should be ordered to pay on the indemnity basis.’

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Litigation Futures, 9th May 2017

Source: www.litigationfutures.com

Private patients to miss out on compensation from God complex breast surgeon as Spire and union refuse to cover costs – Daily Telegraph

‘Hundreds of private patients of Ian Paterson, the rogue breast surgeon facing jail for mutilating women, may be denied compensation due to a legal loophole.

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Daily Telegraph, 29th April 2017

Source: www.telegraph.co.uk

Supreme Court dismisses media publishers’ appeals against costs awards – OUT-LAW.com

‘The UK’s highest court has dismissed the appeals of three media publishers against costs orders made against them by High Court judges in separate libel and privacy cases.’

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OUT-LAW.com, 18th April 2017

Source: www.out-law.com

Solicitors, trainee and paralegal jailed after landmark convictions for insurance fraud conspiracy – Legal Futures

Posted April 10th, 2017 in fraud, insurance, news, paralegals, police, sentencing, solicitors by sally

‘Two solicitors, a trainee and a paralegal are among six men who have today been jailed for a total of 13 and a half years at Liverpool Crown Court for insurance fraud that cost victims £426,000.’

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Legal Futures, 7th April 2017

Source: www.legalfutures.co.uk

Unreliable ATE Policies – A Warning for Defendants – Radcliffe Chambers

Posted April 6th, 2017 in costs, insurance, news, part 36 offers, trials by sally

‘The recent decision in Denso Manufacturing UK Ltd v Great Lakes Reinsurance (UK) plc [2017] EWHC 391 (Comm) highlights the fact that defendants should not be confident that, if a claim fails, the unsuccessful claimants’ ATE policies will pay out’

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Radcliffe Chambers, 3rd April 2017

Source: www.radcliffechambers.com

Supreme Court: appeal classed as ‘proceedings’ in transitional cost recovery cases – OUT-LAW.com

Posted April 3rd, 2017 in agreements, costs, fees, insurance, news, solicitors, Supreme Court by sally

‘Transitional provisions allowing the recoverability of solicitors’ success fees and an after the event (ATE) insurance premium after April 2013 extend to where the policy is assigned, and where the case is later appealed, the Supreme Court has ruled.’

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OUT-LAW.com, 31st March 2017

Source: www.out-law.com

Supreme Court rejects narrow approach to LASPO transitional provisions on success fees and ATE – Litigation Futures

Posted March 31st, 2017 in appeals, costs, fees, insurance, news, Supreme Court, time limits by tracey

‘The Supreme Court has allowed the recovery of a pre-LASPO success fee and after-the-event (ATE) premium where the conditional fee agreement (CFA) and insurance had to be extended after 1 April 2013 to cover appeals.’

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Litigation Futures, 29th March 2017

Source: www.litigationfutures.com

Changes to insurance industry reducing work for their lawyers, research claims – Litigation Futures

Posted March 28th, 2017 in insurance, law firms, news, reports by sally

‘Virtually all law firms serving the insurance industry have lost business in recent years amid “a high level of disruption driven by major changes in the underwriting businesses they support”, new research has found.’

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Litigation Futures, 27th March 2017

Source: www.litigationfutures.com

Supreme Court backs ‘straightforward’ interpretation of professional indemnity insurance terms – OUT-LAW.com

Posted March 23rd, 2017 in appeals, class actions, holidays, insurance, law firms, news, solicitors, Supreme Court by sally

‘The term ‘a series of related matters or transactions’ in a professional indemnity (PI) insurance policy merely requires some inter-connection between the matters or transactions, and not an ‘intrinsic’ relationship, the UK’s highest court has ruled.’

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OUT-LAW.com, 22nd March 2017

Source: www.out-law.com

Special Damages for Physiotherapy Costs: Rates Limited to the Charges of the Physiotherapist Offered by the Defendant’s Insurers – Zenith PI Blog

Posted March 23rd, 2017 in costs, damages, insurance, news, personal injuries, physiotherapists, rehabilitation by sally

‘On 22.3.17 I represented the Defendant’s insurers at a Stage 3 road traffic accident assessment of damages hearing before Deputy District Judge Lingard in the Leeds County Court, at which the rates of charge recoverable for physiotherapy treatment received by the Claimant were limited to the rates charged by the physiotherapist whose treatment was offered by the Defendant’s insurers.’

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Zenith PI Blog, 22nd March 2017

Source: www.zenithpi.wordpress.com