Over the past year, it has become increasingly difficult to obtain after the event (ATE) insurance for lower value multi-track work. Additionally, where ATE cover has been offered, the premiums could be as high as 40-50% of the level of indemnity sought. In some instances, lower value multi-track claims (values of £25,000 – £100,000) with good prospects have not been offered any ATE cover. Continue reading
The decision in Green v Wright was handed down in the Court of Appeal on 1 March 2017 and seeks to address the following issues:
Background
The courts have long expressed concerns about costs of disclosure as amongst the most significant costs of substantial commercial litigation. It was against this background that the old test of discovery (any document that was broadly relevant) was redefined by the Woolf reforms of 1999 to standard disclosure, limited, if it could be said, to documents that support or adversely affect any party’s case. Yet, even with the guiding principles of CPR 31.5 and the court’s powers to limit disclosure, the costs of standard disclosure frequently match disclosure of documents that would fall within the old test of discovery. Continue reading