header-logo header-logo

14 January 2011 / John Peysner , Angus Nurse
Issue: 7448 / Categories: Opinion , Insurance / reinsurance
printer mail-detail

No appetite for BTE?

In an ideal world a viable solution for the problem of access to justice for individuals trapped between collapsing legal aid and stubbornly high lawyers’ fees would be legal expenses insurance

John Peysner & Angus Nurse explain why BTE is unlikely to be the cure-all solution to access to justice

In an ideal world a viable solution for the problem of access to justice for individuals trapped between collapsing legal aid and stubbornly high lawyers’ fees would be legal expenses insurance (LEI), specifically before the event insurance (BTE). The Jackson review of costs, Lord Young’s review of health and safety laws and the compensation culture, and the government’s consultation paper on reform of legal aid have all renewed attention on BTE.

Buyer be brave 

At the level of exhortation the government clearly thinks BTE is a good idea. Lord Young proposed investigating the practicality of a national scheme and claimed that an extension of BTE would be a fair solution to the problem of access to justice. However, the fact

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll