The Practical Lawyer

LAMP Insurance is a leading ATE insurer for personal injury and negligence claims. It has gone into liquidation. A note on its website states that the company’s insurance policies that have not expired remain in force. However, as the company is insolvent it is unable to make any claim payments. Policyholders are advised to immediately consider acquiring alternative insurance protection. Where policyholders have bought policies from the company through an insurance broker, solicitor or other intermediary, they should consult that person to seek advice as to what options are open to them.

Fixed recoverable costs (FRC) prescribe the amount of damages that can be claimed back from a losing party in civil litigation; they are a way of controlling the legal costs by giving certainty in advance (by reference to grids of costs). FRC give both parties certainty as to the maximum amount they may have to pay if unsuccessful and can ensure that the costs of cases are proportionate to the sum in issue. FRC currently operate in most low-value personal injury cases.

The HC has given some welcome clarification in relation to claims involving psychiatric harm. Improvements in clinical understanding of psychiatric harm have resulted in an ever-increasing number of claims for psychiatric harm.

In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages.