As we tiptoe towards the new ‘normal’, one constant in the world of litigation is the availability of fresh legal decisions and case judgments. As always, we are delighted to bring you the latest edition of ATEMatters with our take on six of the latest key updates which are well worth a read.
I’m sure DBAs are going to grow in demand and as such we will see an increase in issues develop in respect of their use. This month we bring you two recent decisions of note relating to their use as a client retainer and in conjunction with third-party funding. The following updates will be of interest to any of your colleagues involved in injury litigation. We highlight the application of the long-standing ‘Bolam’ test to disprove breach and causation in a negligence claim and look at the use of Part 36 as an “offer on the basis of accepted liability”. Finally in this edition we would like to remind you of changes to CPR 36 and Practice Directive 47 which both came into effect on 6th April.
Our thanks to Professor David Chalk of University of Winchester for his invaluable assistance with ATEMatters and, as always, do get in touch if you have any comments or would like advice on any aspect of ATE insurance or third-party funding.
ATEMatters April 2021