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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll