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Temple Legal Protection were delighted to host a drinks reception at the prestigious Lowry Hotel in Manchester last October supporting well-known local charity BASIC (Brain and Spinal Injury Centre), based in nearby Salford.

I like to get my crystal ball out each year and look at what may be the key trends in commercial litigation. For 2022, insolvency, professional negligence, media, financial mis-selling and Covid look key.

In the context of ATE insurance and before the trial of the claim, this often will mean the confidence in the insured’s case has been seriously eroded. Unsurprisingly the cause of such erosion can be a number of factors – disclosure may throw up inconvenient evidence, an expert’s report may be less than supportive, or inconsistencies identified in a key witness’s recollection of events that took place a long time ago.

The Court of Appeal handed down judgment on 13 January in Paul v The Royal Wolverhampton NHS Trust. Paul is a clinical negligence claim against the defendant for Mr Paul’s death and a psychiatric injury claim for his daughters (the secondary victim claimants) who witnessed their father’s heart attack and death.

Litigation funding agreements (“LFA”) and damages-based agreements (“DBA”) are both forms of litigation funding. Both are ways to facilitate access to justice and both enable litigants to pursue their claims without having to bear the costs of so doing – at least until judgment is given in their favour. The “litigation risk” is transferred away from the litigant and onto the investor and the legal representatives.