Temple ATE Insurance Supports Interim Application
27 February 2009
Innovative litigators look here!
Temple was recently asked to insure an application to strike out part of a claimant’s case. The action related to a claim for breach of warranty following the sale of a company.
The defendant’s solicitors were retained to defend the action on a conventional basis; however, they considered that there were good grounds to strike out a significant part of the claim. They launched an application and took instructions on a CFA basis for this part of the proceedings.
Temple provided after-the-event (ATE) insurance for the application and, following a two day hearing in the Commercial Court, the application was successful. As a result, the Defendant now has a significant costs order in his favour.
This demonstrates tactical thinking on the part of the solicitors concerned which has resulted in their client obtaining a very significant benefit….It also shows that Temple is prepared to be innovative and bold – but you know that anyway!
