header-logo header-logo

15 September 2017 / David Locke
Issue: 7761 / Categories: Features , Expert Witness , Profession , Professional negligence
printer mail-detail

Costs, experts, myths & legends

istock-512540318_locke

Lawyers tell woeful tales about insurers unjustly prolonging litigation but experts can delay proceedings too, says David Locke

  • The case for independent expert adjudication.
  • Reducing delays & costs through early disclosure.

In the now seemingly annual consultation regarding the cost of civil litigation, tales of legendary claimant solicitors’ fees are countered with myths about insurers and their panel solicitors who deliberately set out to prolong litigation. The latter is a curious accusation, since there seems to be little to be could be gained by from such a tactic. Presumably there are very few cases, if any, that are discontinued as a result of the mere passage of time, whereas there is no doubt that costs and interest increase with delay. It therefore seems counter-intuitive for insurers to delay settling any reasonable claim. Nonetheless, without pausing to opine on the motivation, it is frequently said, and with some vigour, that proper admissions are withheld sometimes until the door of court.

It is surely too simplistic to say by way of serious

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll