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The latest legal updates from ATEMatters

by Sheena Court | Thu 12, Nov 2020 | News

The end of this crazy year is in sight now however legal judgments and key litigation decisions continue unabated.  For this reason, take time out of your busy schedule to sit back, relax and look through the penultimate ATE Matters of 2020 from Legal Protection Group.

We start this edition with a look at ‘Waiver by Election’ and its impact in the contract dispute between Delta Petroleum (Caribbean) Ltd v British Virgin Islands Electricity Corporation.  The Disclosure Pilot is back under the spotlight with what appears to be a ‘slap on the wrist’ for both the claimant and defendant in one particular example.

An interesting judgment next relating to Part 36 and the entitlement to enhanced relief as stipulated in CPR 36.17.

We end this month with two judgments which will be of considerable interest to any of your colleagues involved in injury litigation. 

A lot of people will have been waiting for the outcome as to whether the case of Swift v Carpenter could be appealed given the potential impact on the discount rate.  With refusal by the court, the new discount rate calculation remains although it is understood the defendant may consider another go so watch this space!

Last but not least, Belsner v Cam Legal Services is an appeal decision everyone running CFA cases should take particular note of given the potential ramifications.

As always, our thanks to Professor David Chalk for his invaluable assistance with ATE Matters and please do get in contact with us at Legal Protection Group if you have any comments or we can be of assistance in any way.

ATEMatters November 2020


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The latest legal updates from ATEMatters January 2021

by Sheena Court | Wed 13, Jan 2021 | News

We start the New Year in the same vein we left 2020 yet despite all the confusion and lock-down, litigation judgments continue to come through thick and fast.  For the first ATE Matters of 2021 we bring you five new decisions which I’m sure you and your colleagues will find of interest so grab a hot beverage of choice and read on.

This edition we start with a very interesting case involving ATE insurance and the provider’s right of subrogation and ability to a claims contribution from a co-litigant.  Should cricket matches come with a Government Health Warning?  I’ll leave at that but surely common sense prevailed.  Does amending particulars of claim constitute a partial discontinuance? That was the question posed in Carter Projects Ltd v CUA Property Ltd.  The last but one this month will be of interest I’m sure to any of you or your colleagues involved with CFA work.  A decision determining the justification for a staged recoverable success fee is well worth a read up on.  Finally, one for your Clinical Negligence colleagues with an emotive case looking at wrongful life.

As always, please do let us know if you have any comments or queries regarding ATE insurance or litigation funding.


Read the ATEMatters January 2021 Edition

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