Following the judgment of the Technology and Construction Court (TCC) in BAE Systems Pensions Funds v Royal and Sun Alliance Insurance plc and others in July, it appears that a potential dispute as to coverage is not a blocker to an insurer being joined into proceedings under the Third Parties (Rights Against Insurers) Act 2010. What does this mean for those of us either bringing or defending such proceedings? Continue reading
In the past, perhaps the mention of costs budgeting itself was good reason for many a law practitioner to depart hastily from a conversation. However, this complex issue has been further complicated by the inevitable fall-out of the decision in Harrison v University Hospitals Coventry & Warwickshire NHS Trust, where the Court of Appeal determined that upon detailed assessment, you need a good reason to depart either upwards or downwards from an approved costs budget. The issue of what constituted “good reason” has already sparked much debate following this decision. Continue reading
The debate as to when and in what circumstances a party can depart from a costs budget rumbles on. As readers will know, the test is whether there is a “good reason” for such a departure. Continue reading