header-logo header-logo

05 March 2010 / Shantanu Majumdar KC
Issue: 7407 / Categories: Features , Procedure & practice , Limitation
printer mail-detail

To have & have not

Professional negligence litigation comes in fashions. One of the latest arises from the vogue for after the event (ATE) legal expenses insurance obtained, usually by claimants on conditional fee agreements, as protection against any eventual liability to pay the defendants’ costs.

Axa

In Axa Insurance Ltd (formerly Winterthur Swiss Insurance Co) v Akther & Darby Solicitors [2009] EWCA Civ 1166, [2010] PNLR 10, [2009] All ER (D) 151 (Nov) the claimant insurer was the assignee of ATE policies issued under a scheme operated by a claims management company whereby a panel of solicitors took on personal injury claims from members of the public. Conditions of acceptance under the scheme were that each claim had to have at least a 51% chance of success and a likely quantum of more than £1,000 (in order to take it outside the restrictive costs rules of the small claims régime) and on acceptance of a qualifying claim an ATE policy was issued.

The claimant made severe losses from its involvement in the scheme and

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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll