Rob Merkin and Jenny Steele
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199645749
- eISBN:
- 9780191747823
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199645749.003.0013
- Subject:
- Law, Law of Obligations
Illustrates the pervasive influence of insurance in the conduct of civil litigation and the enforcement of rights, affecting which claims are brought; how they are framed; and how they are defended. ...
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Illustrates the pervasive influence of insurance in the conduct of civil litigation and the enforcement of rights, affecting which claims are brought; how they are framed; and how they are defended. Draws on legal provisions and reforms to explain how deep and wide the influence of insurance is in shaping the process of claiming. Analyses the role of insurance in assisting the claimant in financing a claim; sets out the impact of the defendant’s liability insurance upon the manner in which the claim is made and its defence; and reviews the operation of the third party legislation, which converts liability insurance into a mechanism for the enforcement of judgments. Shows how insurance affects the way in which liability is established and, ultimately, satisfiedLess
Illustrates the pervasive influence of insurance in the conduct of civil litigation and the enforcement of rights, affecting which claims are brought; how they are framed; and how they are defended. Draws on legal provisions and reforms to explain how deep and wide the influence of insurance is in shaping the process of claiming. Analyses the role of insurance in assisting the claimant in financing a claim; sets out the impact of the defendant’s liability insurance upon the manner in which the claim is made and its defence; and reviews the operation of the third party legislation, which converts liability insurance into a mechanism for the enforcement of judgments. Shows how insurance affects the way in which liability is established and, ultimately, satisfied
John Sorabji
- Published in print:
- 2020
- Published Online:
- October 2020
- ISBN:
- 9780198863182
- eISBN:
- 9780191895685
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198863182.003.0017
- Subject:
- Law, Constitutional and Administrative Law
The introduction of a fixed recoverable costs regime into English civil procedure was first recommended in the Woolf reforms. It was not however introduced in 1999 when the Civil Procedure Rules ...
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The introduction of a fixed recoverable costs regime into English civil procedure was first recommended in the Woolf reforms. It was not however introduced in 1999 when the Civil Procedure Rules (CPR) came into force. Since that time there have been repeated calls for the introduction of such a regime by the judiciary, not least Sir Rupert Jackson in his 2009 Costs Review and again in his 2017 Supplemental Report to his Costs Review. This chapter first considers the history of fixed recoverable cost reform. It then considers how, if implemented, such a regime could form the basis for an expansion of legal expenses insurance (LEI) and thus taken together the two could increase effective access to justice.Less
The introduction of a fixed recoverable costs regime into English civil procedure was first recommended in the Woolf reforms. It was not however introduced in 1999 when the Civil Procedure Rules (CPR) came into force. Since that time there have been repeated calls for the introduction of such a regime by the judiciary, not least Sir Rupert Jackson in his 2009 Costs Review and again in his 2017 Supplemental Report to his Costs Review. This chapter first considers the history of fixed recoverable cost reform. It then considers how, if implemented, such a regime could form the basis for an expansion of legal expenses insurance (LEI) and thus taken together the two could increase effective access to justice.
