‘Leases generally require leaseholders to contribute to insurance of their block – whether by including the cost in the general service charges or by way of a separate charge known as an “insurance rent”.’
Tanfield Chambers, 22nd June 2017
Source: www.tanfieldchambers.co.uk
‘Patients taking out private health insurance expect to get the best treatment, but what happens if things go wrong? While the NHS has paid out millions to the patients of disgraced breast surgeon Ian Paterson, his private patients are still seeking compensation. Why?’
BBC News, 26th June 2017
Source: www.bbc.co.uk
‘UK holidaymakers who make bogus food poisoning claims could go to prison, warns travel trade organisation Abta.’
BBC News, 21st June 2017
Source: www.bbc.co.uk
‘Complaints about payday loans have risen sharply for the second consecutive year despite strict new regulations limiting interest charges.’
BBC News, 13th June 2017
Source: www.bbc.co.uk
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
‘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.’
Litigation Futures, 31st May 2017
Source: www.litigationfutures.com
‘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.’
The Guardian, 31st May 2017
Source: www.theguardian.com
‘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.’
Litigation Futures, 24th May 2017
Source: www.litigationfutures.com
‘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.’
Zenith PI Blog, 16th May 2017
Source: www.zenithpi.wordpress.com
‘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.’
Law Society’s Gazette, 16th May 2017
Source: www.lawgazette.co.uk
‘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.’
OUT-LAW.com, 11th May 2017
Source: www.out-law.com
‘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.’
OUT-LAW.com, 8th May 2017
Source: www.out-law.com
‘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.’
Litigation Futures, 9th May 2017
Source: www.litigationfutures.com
‘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.
Daily Telegraph, 29th April 2017
Source: www.telegraph.co.uk
‘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.’
OUT-LAW.com, 18th April 2017
Source: www.out-law.com
‘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.’
Legal Futures, 7th April 2017
Source: www.legalfutures.co.uk
‘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’
Full story (PDF)
Radcliffe Chambers, 3rd April 2017
Source: www.radcliffechambers.com
‘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.’
OUT-LAW.com, 31st March 2017
Source: www.out-law.com
‘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.’
Litigation Futures, 29th March 2017
Source: www.litigationfutures.com
‘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.’
Litigation Futures, 27th March 2017
Source: www.litigationfutures.com
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