This will allow insurers / defendants to avoid having to make the kind of inflated offer they had to previously — not in keeping with their view of the true value of the claim — in order to protect
themselves against adverse costs awards — a very positive development.
Not exact matches
If a plaintiff is contemplating purchasing first pay insurance it is important that they reach an understanding with their lawyer as to whether or not the unpaid disbursements will be a first claim
against the policy limits in the event of an
adverse cost award.
Charles acted for Soteropoulos in an unsuccessful mediation, which was followed by an
adverse arbitration
award as well as a
costs order
against her.
However, after deducting the interim support she had already received and all
adverse cost awards made
against her, Ms. Quinn was left owing the respondents over $ 85,000.00.
Harbour can give unique access to an A-rated panel of insurers who will protect
against this eventuality by providing a bespoke insurance policy that pays out should
adverse costs be
awarded.
In principle, the Commission considered that Tribunals should be given power under the Arbitration Ordinance to
award costs against a third party funder, i.e. an
adverse costs order.