ATE Insurance Blog
ATE Insurance Blog
‘Fightback’ in Fundamental Dishonesty Claims: An After The Event Insurers View
19th August, 2016
Fundamental Dishonesty and ATE Insurance The definition of ‘Fundamental Dishonesty’ is a term which has caused difficulty for both claimants and defendants since the advent of s.57 of the Criminal Justice and Courts Act 2015. In the past year, both cl
More..."Exaggeration won’t matter – will it?”
19th August, 2016
After a few helpful recent cases for Claimant’s on the issue of "fundamental dishonesty” the Supreme Court recently gave its decision in the case of Hayward v Zurich Insurance plc [2016] UKSC 48. The Claimant had suffered injury during the course
More..."Whiplash” Numbers in decline
28th July, 2016
It has been reported recently in the legal press that the number of personal injury claims being made is starting to decline, or as one report put it, they are in "freefall”. If taken at face value, these reports would
More...So, "When is it OK to tell a 'collateral' lie?", asks an After the Event Insurance provider.
22nd July, 2016
A collateral lie, what exactly is it? It is an untruth, but one which does not affect the overall validity of the claim made, so said the Supreme Court in a case involved a Dutch cargo ship, which ran into
More...European General Data Protection Regulation (GDPR)
12th May, 2016
It seems that big changes to data protection as we know it are on their way to the UK as after several years of preparation and lobbying, the European Parliament has finally adopted the new European General Data Protection Regulation
More...Hip – Hip - Hypocrisy
18th March, 2016
The budget this week increased IPT from 9.5% to 10%. This latest announcement exposes a deep hypocrisy in government thinking and pronouncements. The best way to spot hypocrisy is normally to ask the right questions, so here are four of
More...Dishonest Deafness Claim Did you Say?
10th March, 2016
To us, as After The Event Insurance providers, It has only been a matter of time before an insurer sought to have a deafness claim thrown out on the grounds of ‘fundamental dishonesty’ and now that has happened. A claim for
More...Part 36 offers and fixed costs?
26th February, 2016
The Court of Appeal has given judgment in Broadhurst v Tan and it’s some good news for Claimant’s. As an ATE Insurance provider, here is our view: The Issues The Court heard appeals on two cases (Broadhurst v Tan and Smith v
More...Hearts and Minds
19th February, 2016
In 1966, U.S. President Lyndon Johnson instituted a "Hearts and Minds” campaign in Vietnam to try to win the Vietnam war by getting the support of the local population. This was in essence heavy-handed propaganda, and I mention it because
More...Proposed Change to the Small Claim Limit Foiled? Probably not yet
8th February, 2016
The Forum of Insurance Lawyers this week announced that they will be opposing the Government’s planned increase to the small claims limit to £5,000 and to remove general damages for minor soft tissue injuries. They announced that they are ‘regretta
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