All posts by Practical Law Dispute Resolution

REUTERS | GCS
August 31, 2021

Data breach decision: a long expected ruling impacting on the recoverability of ATE premiums

Background

Since April 2013, when the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into effect, most after the event insurance (ATE) premiums have no longer been recoverable from the opponent, meaning that the insured must discharge the premiums from their damages.

One exception to the changes was made for “publication and privacy” proceedings, such as claims in defamation, breach of confidence and misuse of private information. ATE premiums in respect of these cases have remained recoverable.

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REUTERS | Ints Kalnins
August 24, 2021

Limitation and causes of action accruing at the stroke of midnight

The difference a day makes when it comes to limitation was brought into sharp focus with a recent case in the UK Supreme Court (UKSC). In the case of Matthew and others v Sedman and others, the court had to rule whether the day which commences at or immediately after the midnight deadline counts towards the six-year limitation period. In a unanimous judgment, the court ruled that where a cause of action accrues at midnight on a given day, the relevant limitation period includes the day immediately after that midnight deadline.

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REUTERS | Yuya Shino
August 19, 2021

Can’t pay? The court will make the order anyway. The march of the payment on account goes on

The Debt Respite Scheme introduced as part of COVID-19 related regulations last year will not protect a party from being ordered to make a payment on account of costs.

The Axnoller v Brake litigation has provided several judgments in 2021. However, rather than analysing the most recent judgment at the time of writing (providing hard copies of bundles to an opponent), I want to take us all back to the far more interesting decision of HHJ Matthews on 4 June 2021.

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