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Onwards and Upwards

24th September, 2018

The After the Event Insurance market has changed considerably since the introduction of Qualified One-way Cost Shifting (QOCS) on 1st April 2013. The LASPO Act changed the way that most ATE Insurers operated. Prior to the change, ATE premiums were

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Un-Civil Liability Bill

7th September, 2018

This past week has seen a couple of major developments with the Government’s proposed Civil Liability Bill with it having its Second Reading in the Commons. Firstly, the government may be willing to make a concession that ‘vulnerable’ road users wi

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Government urged to extend costs-shifting to Judicial Review Claims

4th September, 2018

Costs in judicial reviews have historically adopted the traditional mechanism whereby the loser pays the winner’s costs.  The risk of being ordered to pay a defendant public authority’s costs, being considered by many, to be too great for any but

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Do You Charge a Success Fee?

12th July, 2018

Absolutely, 100%? As has been reported in Litigation Futures, the issue of the level of success fees being applied by PI law firms is once again in the spotlight. Master Gordon-Saker, recently speaking at a CJC seminar, called on the Law Society

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Court of Appeal considers dishonesty and its effect on Part 36 offers

12th July, 2018

A decision on dishonesty and its effect on costs has now been considered by the Court of Appeal in the case of Tuson v Murphy.  This concerned the issue of costs whereby a Defendant’s Part 36 offer was made in

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Claimants overcharged in Court Fee error

18th June, 2018

The Ministry of Justice (MOJ) has confirmed that a refund scheme is being set up for Claimants that have been overcharged for court fees on claims valued between £3,000 and £5,000. The claims were wrongly categorised for High Court and

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The new era of CMC regulation

7th June, 2018

The Financial Conduct Authority (FCA) has today announced proposals on how it will authorise and supervise claims management companies (CMCs) when regulation passes on 1st April 2019. The FCA’s proposals will require CMCs to provide a potential cus

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Dishonest claims can result in prison – Judges warned to approach with caution

7th June, 2018

A claimant has been jailed for 3 months following a landmark decision for a dishonest clinical negligence claim against the NHS. HJ Spencer said the judgement should be a ‘warning to all’, this being the first contempt case pursued by an

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FCA crackdown on rent to own providers

31st May, 2018

After nearly two years of looking at the cost of high interest borrowing the Financial Conduct Authority (FCA) has unveiled proposals for new regulations to protect three million people from sky-high credit costs. It has now put forward a set of

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Hip-hip, but no hooray for now...

22nd May, 2018

There will be much disappointment today for the claimants involved in one of the largest "product liability” group actions as they have lost the first round of a legal battle for compensation at the High Court over allegedly "defective” hip

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