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
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
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
Transferring the Risk
TheJudge• August 14th, 2008
Lenders are a significant source of repeat litigation for law firms so it is with some interest that they monitor how lenders are going to behave when faced with difficult economic climates. For the litigation teams, their interest will centre … Continued