ATEMatters February 2023

LPG is delighted to bring you the February edition of #ATEMatters highlighting our take on the latest and greatest judgments and decisions affecting the world of litigation and funding.  We start this month with a costs decision on a case involving two defendants and issues related to CFA validity and joint defendant costs budgeting.  The Court of Appeal decision in our next case is one any of your colleagues involved with injury cases will be interested in as we consider the effect on QOCS of discontinuing on the day of trial.  When the Whiplash Injury Regulations were introduced in 2021, mixed injury claims resulted as being a bit of a ‘grey’ area.  The outcome of the much anticipated appeals in Rabot v. Hassam and Briggs v. Laditan  now gives us some valuable guidance on tariff and non-tariff injuries.  Does amending a claim to include Personal Injury impact QOCS?  This was the question faced by the appeal Judge at the High Court in Pathan v Commissioner of Police of the Metropolis.  Finally this month, a decision looking at a Cerebral Palsy case and the battle between an application for interim payment and the defendant’s subsequent application for further budgeting.

As always, we appreciate any feedback we receive on #ATEMatters so please do get in touch if you have any comments or would like to discuss anything relating to ATE insurance and/or litigation funding.

ATEMatters February 2023