Legal Expenses Insurance in UK Law

Leading Cases
  • Temple Legal Protection Ltd v QBE Insurance (Europe) Ltd
    • Court of Appeal (Civil Division)
    • 06 Abr 2009

    It was therefore able to market the cover as its own product and had a developed a large following among solicitors who regularly acted for clients under conditional fee arrangements. Towards the end of 2004 Europ Assistance indicated its intention to withdraw from the market when its binder expired and accordingly on 1 st December 2005 Temple entered into a binder with QBE which came into effect on 1 st January 2006. QBE had no previous experience in the writing of legal expenses insurance.

  • Jones v DAS Legal Expenses Insurance Company Ltd
    • Court of Appeal (Civil Division)
    • 24 Jul 2003

    Waiver would never operate if "full facts" meant each and every detail of factual information which diligent digging can produce. Full facts relevant to the decision to be taken must be confined to the essential facts. What is important is that the litigant should understand the nature of the case rather than the detail. It is sufficient if there is disclosed to him all he needs to know which is invariably different from all he wants to know.

  • Murphy v Young & Company 's Brewery Plc
    • Court of Appeal (Civil Division)
    • 08 Ene 1997

    This decision demonstrates a proposition that Mr Hillier has not sought to challenge. Funding alone will not justify an Order against the funder under Section 51. I do not consider that an Order under Section 51 will normally be appropriate where a disinterested relative has, out of natural affection, funded costs of a claim or a defence that is reasonably advanced.

    That very evidence leaves me uncertain what the effect on the availability of such cover would be if legal expense insurers were exposed to costs orders under Section 51, but I do not believe that that question is critical to the answer in this case.

    An Order under Section 51 that a non-party pay costs will only be justified when exceptional circumstances make such an Order reasonable and just. In this judgment I have explored some of the categories of exceptional circumstances that may justify such an Order. I have reached the conclusion that the existence of legal expenses insurance with a limit of cover that has been exhausted does not make it reasonable or just to order the insurer to pay the costs of the adverse successful party.

  • Callery v Gray (No. 2)
    • Court of Appeal (Civil Division)
    • 31 Jul 2001

    If payment of a so-called premium buys a contractual entitlement to other benefits it is, to say the least, arguable that the premium cannot, to that extent, be recovered under section 29. Thus the Court has to consider the terms of the contract under which the premium is paid to see whether it is simply a contract of insurance against liability for costs or whether it is something other than, or additional to, that.

  • Callery v Gray (Nos 1 and 2)
    • House of Lords
    • 27 Jun 2002

    A second aim was to improve access to the courts for members of the public with meritorious claims. It was appreciated that the risk of incurring substantial liabilities in costs is a powerful disincentive to all but the very rich from becoming involved in litigation, and it was therefore hoped that the new arrangements would enable claimants to protect themselves against liability for paying costs either to those acting for them or (if they chose) to those on the other side.

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Legislation
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Books & Journal Articles
  • DAS Legal Expenses Insurance.
    • Núm. 2002, Mayo 2002
    • Financial Management (UK)
    • Roberts, Louisa
    • On the move
    ...Patrick Veysey ACMA (above) has been appointed finance director of DAS Legal Expenses Insurance. Veysey was previously assistant general manager and replaces former managing director Tony Holdsworth on the board. ......
  • Alternatives to Public Provision: The Role of Legal Expenses Insurance in Broadening Access to Justice: The German Experience
    • Núm. 30-1, Marzo 2003
    • Journal of Law and Society
    The literature suggests that the main barriers to justice range from a general lack of knowledge about legal rights, and the related prevalent use of technical language within justice systems (whic...
  • Index
    • Núm. 30-4, Diciembre 2003
    • Journal of Law and Society
    ...... and Community in the First Wave of Critical Legal Studies ............. 6 0 1 Louise ANDERSON: ... to Public Provision: The Role of Legal Expenses Insurance in Broadening Access to Justice: T h eG ......
  • Regulation of insurance services in the Czech Republic
    • Núm. 10-1, Marzo 2002
    • Journal of Financial Regulation and Compliance
    • 31-36
    The Insurance Act was passed in the Czech Republic in 1991. It provided for the establishment of new insurance companies and competition between them. The Ministry of Finance was authorised to supe...
    ...... Act with the aim of harmonising Czech insur- ance law with the EU legal framework. This harmonisation process should be fin- ished by the end of ... all the remaining insurance directives, eg regarding legal expenses insurance, credit insurance, co-insurance and assistance insur- ance, but ......
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Law Firm Commentaries
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