REUTERS | Carlo Allegri

From 4 May 2017 insurers have been under a duty to pay valid insurance claims within a reasonable time. If they fail to comply, they may be liable to pay damages to an insured who has suffered additional losses as a result of the delay in payment. This obligation only applies to insurance and reinsurance contracts taken out, varied or renewed from 4 May 2017. Continue reading

REUTERS | Dado Ruvic

This time two years ago, having listened to Lord Neuberger’s speech on the future of mediation at the Civil Mediation Council’s (CMC) annual conference, I wrote about whether we may see some form of compulsory mediation scheme sooner, rather than later. Two years on and I wonder, are we really any closer to that than we were in May 2015? Continue reading

REUTERS | Paulo Whitaker

The introduction of cost budget discussion reports appears to have given rise to a new area of tactical game playing by litigators. Coulson J has issued a stern warning to parties who seek to engage in such games by putting forward unrealistically low figures for the opposing party’s costs and, in a recent case, wholly disregarded a defendant’s budget discussion report because it was considered unrealistically low. Continue reading

REUTERS | Navesh Chitrakar

Whilst it is always satisfying to win at trial, there is little which darkens the mood more than learning that your vanquished opponent is, in fact, impecunious and unable to pay your costs. The good news is that, depending on the circumstances, you could seek an order that a non-party pays the costs of the action ordered against the main opponent. Often, this will be a director of a company which, it transpires, has no assets with which to meet a costs order. Continue reading

REUTERS | Paulo Whitaker

2016/17 will be forever associated with elections across the globe and all that has come with them: “fake news”; hacks; leaks; U-turns; polarisation; and polls that have been, time after time, proven to be incorrect.

But for those who are not yet suffering from election apathy, The Value of Justice: The Bar Council’s Manifesto for Justice is definitely worth reading. It sets out the policies and objectives that the Bar Council would like to see enacted by any incoming government. Continue reading

REUTERS | Sharif Karim

The case of Jarndyce v Jarndyce is notorious in Dickens’ Bleak House for appearing to go on forever, and Plevin v Paragon Finance has a lot of Bleak House about it.

This was originally a case about Payment Protection Insurance (PPI). Now it is one about costs. Continue reading