header-logo header-logo

06 March 2013
Issue: 7551 / Categories: Legal News
printer mail-detail

Jackson leaves gap

Law firms may be exposed to professional negligence claims

The Jackson reforms could leave law firms exposed to professional negligence claims, a legal expenses insurer has warned.

The new rules, due to take effect on 1 April, prohibit the recovery of after-the-event (ATE) premiums for policies purchased on or after that date, regardless of when the client entered into a retainer with their solicitor.

This could land clients with huge bills they can’t pay and leave solicitors facing negligence actions if the solicitor fails to secure ATE before the 1 April deadline.

According to Russell Smart, chief operating officer of Elite Insurance, there are thousands of conditional fee agreement (CFA) cases where ATE insurance has not yet been purchased either because the case is not insurable until investigations are complete or enquiries are still ongoing. This means that, where CFAs are entered into before 1 April, the client may neither be able to recover their ATE premium nor benefit from the 10% increase in damages and qualified one-way costs shifting.

Consequently, clients will either have to pursue their cases uninsured or face disproportionately high ATE premiums which will have to be paid back from their damages.

Smart said: “ATE insurers tried to engage with Lord Justice Jackson and the Ministry of Justice over the last three years but without success and therefore it does not come as a surprise that they have not thought through the ramifications.

“The rules should be amended to allow for recoverable ATE premiums based on the date the CFA was entered into.”

Issue: 7551 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll