A Thomas Miller Company
Update on Recoverability. Are recent authorities showing a Judicial Sea Change?
TheJudge• May 14th, 2011
During recent years, it has been very difficult for paying parties to mount any meaningful challenge to the reasonableness of a receiving party’s after the event insurance premium. Kris Motor Spares Ltd v Fox Williams LLP [2010] EWHC 1008 (QB) … Continued
Being blackballed
Matthew Amey• February 21st, 2011
A leading after-the-event (ATE) insurer recent told us, without explanation, that they categorically did not want to receive any further applications from a well-known firm of solicitors. I found out later that the insurer was taking this position as a … Continued
Conditional fee agreements after Jackson: consultation and next steps
TheJudge• October 14th, 2010
Lord Justice Jackson published the “Review of Civil Litigation Costs: Final Report” in January 2010. The report made various proposals for the reform of the costs regime in UK litigation. One of his key proposals was to end the recoverability … Continued
Into the void
Matthew Amey• February 1st, 2010
I am compelled to respond directly to an article I read in the December issue of Litigation Funding. Robert Warner of Temple Legal Protection explains that he disagrees with my October article which encourages solicitors to make applications to multiple … Continued
The Recovery Position
TheJudge• December 14th, 2009
In the light of Master Haworth’s judgement in Burgess v J Breheny Contracts Ltd [2009] EWHC 90131, which again demonstrates the judiciary’s resolve to resist interfering with actuarial decisions in the after the event (‘ATE’) market, this article explores how the … Continued
Risking it all
James Blick• July 26th, 2009
Against the background of Jackson LJ’s review of civil litigation costs, increased marketing activity on the part of third-party litigation funders, and debates surrounding access to justice versus the significant cost of defending litigation in England and Wales, it’s hardly … Continued
Talk to the hand
TheJudge• April 14th, 2009
You would be forgiven for thinking, not least because of the increased availability and maturity of the ATE insurance market, that there are less flashpoints these days between solicitors and insurers when applying for cover. In general this is probably … Continued
