News archive

Third party litigation funding should not be feared

Published: The Times | 15th December 2011

Susan Brown Director and Head of Professional Negligence says third party funding widens the options we can offer clients and that the only parties for whom it isn’t good are multimillion pound companies who are able to browbeat smaller less well-heeled companies into abandoning good claims when they run out of money to fund litigation... more >

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Concern raised about conflicts of interest in personal injury claims under ABS

Published: Law Society Gazette | 15th December 2011

Susan Brown Director and Head of Professional Negligence comments that quantum assessment tools and damages matrices used by insurers and defendant law firms are calibrated to provide low figures for general damages... more >

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Lofstedt: Prolegal comment on the report- Susan Brown, Director and Head of Personal injury and Professional Negligence, Prolegal

Published: PIBU Law Journal | Dated 09th December 2011

Professor Lofstedt’s report is in fact very sensible and measured, and certainly makes no concessions to tabloid hysteria about the horrors of “elf and safety” law. Professor Lofstedt confirms that there is no case for radically altering health and safety legislation, that the current regime places responsibility primarily on those who create the risks, enabling them to control them in a proportionate manner, and states that there is evidence to suggest that proportionate risk management can make good business sense. He considers that the problem lies less with the regulations themselves and more with the way they are interpreted and applied. ... more >

Christmas parties. Why unacceptable behaviour - even the boss’s – won’t cut any ice in an employment tribunal

Published: People Management | 01^st December 2011

Adrian Hoggarth discusses the behavior of employees at work Christmas parties…

In difficult years such as this, the annual office party is especially important for morale. Employers want to show their appreciation for employees’ hard work, and organising a party at which food and drink are laid on is the traditional way of thanking staff. But employers need to be careful or they risk having to deal with employment tribunal hangovers... more >

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Cable denies creating climate of fear with employment law shake up

Published: HR Zone | 23^rd November 2011

The Business secretary has denied fostering a climate in which workers will fear for their jobs in the wake of a proposed big shake up of current employment law.

During a speech to manufacturers’ organisation, the EEF, in London today, Vince Cable announced a call for evidence on weather the 90 day minimum consultation period for collective redundancies of more than 100 should be reduced... more >

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Redefining Fairness

Published: New Law Journal | 18 November 2011

Jonathan West, Head of Family and Matrimonial writes ‘The decision in Jones v Kernott has turned a complex area of law into a minefield’.

Jonathan West discusses various key cases in Cohabitee law in the light of the recent judgement by the Supreme Court in Jones v Kernott. Cases he discusses include Stack v Dowden (2007), Midland bank plc v Cooke and Radmacher v Granatino... more >

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Call for law change after cohabit ruling

Published: Financial Times | 10 November 2011

Lawyers have warned that unmarried couples who split up face a legal “minefield” over property rights after a ruling to settle a 26 year dispute between former partners.

Ms Jones and Mr Kernott bought a property in 1985 for £330,000 with a mortgage in joint names supported by an endowment policy, and a deposit paid by Ms Jones. They had two children before splitting up in 1993, after which time Ms Jones alone contributed to the mortgage. Mr Kernott then bought another home after an unsuccessful attempt to sell the first property... more >

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Expert reaction : Kernott v Jones decision on divorce and cohabitation rights

Published: Spear’s | 09 November 2011

Jonathan West, Head of Family and Matrimonial comments on today’s Supreme Court co habitation rights judgment:

‘In view the Supreme Court was posed something of a dilemma in this case. By allowing the appeal they have in effect accepted a challenge that successive governments (and the legislature) have shown no ambition to undertake- they have been prepared to tackle what is a real injustice in the way in which cohabitees rights are dealt with by acknowledging changing social conditions.’... more >

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Leaked Government document suggesting unproductive staff should lose right to unfair dismissal claims, sends shockwaves through HR sector.

Published: HR Magazine | 27 October 2011

Adrian Hoggarth, Head of Employment comments on the recent news report about a leaked Government document ‘suggesting unproductive workers should lose their right to claim unfair dismissal, have raised eyebrows in the HR sector, as commentators fear the requirements leave older workers exposed only weeks after the default retirement age was abolished... more >

Adrian Hoggarth, Head of Employment gives his opinion on the recent unfair dismissal proposals.

Published: The Times Online | 26 October 2011

Adrian Hoggarth, Head of Employment gives his opinion on the recent unfair dismissal proposals.
‘The abolition of unfair dismissal laws would be a huge policy shift and it is hard to see this as anything other than a call for the employers to be allowed to mismanage staff and escape the consequences. It is plainly wrong to say that some employees are impossible to sack. If employees are failing to perform they should be trained to work to the standards required or managed through capability procedures’... more >

Prolegal’s Ben Posford listed as a “Leading Individual”

Published: Chambers UK 2012 Guide & Legal 500 | 25 October 2011

Chambers UK, a client’s guide to the UK legal profession, has listed Ben Posford, Prolegal’s Head of Complex Litigation, as a “Leading Individual”.

The Chambers Legal Directory has 100 full-time researchers who interview thousands of lawyers and their clients around the world. Their research is published annually in October, and identifies the world’s leading lawyers and law firms according to the criteria most valued by clients... more >

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Asbestos ruling anomaly- Pleural Plaques: sufferers in Scotland can get compensation

Published: Law Society Gazette | 20 October 2011

Trade unions are considering the implications of England and Wales of a Supreme Court ruling that sufferers of pleural plaques in Scotland can get compensation. Their legal departments are looking at the further action they can take to counter what they perceive to be a glaring geographical anomaly... more >

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I'm 70. Can my employer force me to retire?

Published: Financial Times | 20 October 2011

Adrian Hoggarth, Head of Employment says ‘with the abolition of the default retirement age, employers are no longer able to use the statutory retirement procedure to force our employees over the age of 65. To do so would be age discrimination and also unfair dismissal, allowing the person to bring a claim in an employment tribunal... more >

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Public will pay the price for insurers' costs plans

Published: Law Society Gazette | 13 October 2011

Susan Brown, Director and Head of Professional Negligence discusses how the claimant will ultimately pay for insurers’ cost plan.

‘Insurers tell us they are committed to ‘paying genuine claimants the compensation they are entitled to’ (‘Tackling the Compensation Culture’ Association of British Insurers, 5 September). Of course, in order to use this statement as the starting point of discussion, we need to examine how they define ‘genuine claimants’ and ‘the compensation they are entitled to’... more >

Jonathan West Head of Family and Matrimonial Shortlisted as ‘Most Innovative Family Lawyer of the year 2011’

Published: Family Law | 11 October 2011

Jonathan West head of our family and matrimonial department has been shortlisted for an award in the Family Law Awards 2011.
The inaugural Family Law Awards 2011 have been set up to celebrate excellence in family law through recognising the many successes and outstanding achievements of family law practitioners. The winners will be announced at the Family Law Awards in London on 18th October 2011 hosted by Clive Coleman.... more >

The Times - Prolegal: a new breed of law firm

Published: The Times | Edward Fennell | 06 October 2011

Times Law examines the changes in the legal marketplace and opens the series with Prolegal... more >

Whirly Good Cause

Published: BBC One : The Lawyer | 03 Oct 2011

Adrian Hoggarth ­Head of Employment featured on the BBC One programme ­Helicopter Heroes last month after a serious car accident up in Hull left him with a broken back and in need of a rescue by the Yorkshire Air ­Ambulance... more >

City slap two week ban on Tevez

Published: The Times | 29 Sept 2011

Adrian Hoggarth Head of Employment states 'There are precedents for players being sacked for the breach of conduct, but whether in Tevez’s case the breach is sufficient to constitute gross misconduct is debatable. And he would against it- if you’re a footballer on a huge salary, the cost of litigation is small compared to what you stand to lose.'... more >

Will ministers create a Dangerous Fees Act?

Published: The Times | 15 Sept 2011

The Times questions the referral fee ban in will it see the cost of motorists' insurance claims fall, as predicted? Will legislation be workable – or will it drive backhanders underground?
Legal reaction has in general been in favour. But lawyers who support the practice - and many firms in high volumes of work paid for by referral fees - are not going to put their heads above the parpet at this stage to say so... more >

Access to justice and freedom of choice of solicitor are not empty phrases

Published: The Telegraph | 09 Sept 2011

Susan Brown of Prolegal is quoted in The Telegraph: "Consumers will suffer. Access to justice and freedom of choice of solicitor ... are vital to the survival of a healthy civil justice system more >

Prolegal warns MoJ over dangerous referral fee decision

Published: Post Online | 09 Sept 2011

London-based law firm Prolegal has hit out at the Ministry of Justice over its “dangerous” decision to ban referral fees claiming that the move would hurt consumers... more >

New innovative product: UK first as Prolegal and Arag develops new 'divorce insurance'

Published: Insurance Age | 02 Sept 2011

Heralded as the first of its kind in the UK, Arag & Prolegal have developed a divorce insurance which will cover for the legal costs if a spouse challenges a previously agreed pre nuptial agreement which also extends to cover the cost of divorce proceedings and litigation... more >

Employment Matters

Published: New Law Journal | 02 Sept 2011

Adrian Hoggarth joins Prolegal as Head of Employment. Adrian was a senior associate at Norton Rose before joining Prolegal. This is the latest development in the firm’s expansion in the run-up to implementation of the Legal Services Act as the firm continues to invest in its high value-add services... more >

You’re fired! Bullard to have Hull contract cancelled two years early.

Published: The Daily Mail | 18 Aug 2011

Adrian Hoggarth, Head of Employment said 'The sacking of a player is almost unprecedented in football. Clubs see players as assets that can traded for a fee and only when a player becomes a liability will a club seek to cut their losses. Other clubs are likely to watch any appeal eagerly. If Hull's sacking stands, it could open the floodgates'... more >

London Riots

Published: workplace law network | 10 Aug 2011

Adrian Hoggarth, Head of Employment comments on the recent riots and how they have affected businesses... more >

Ease the Pain-and the Cost- of getting a divorce

Published: saturday telegraph | 05 Aug 2011

Jonathan West, Head of Family discusses a new divorce insurance product that Prolegal and legal expense insurer Arag have launched... more >

Fair Game?

Published: claims management magazine | 01 Aug 2011

Susan Brown, Director and Head of Professional Negligence urges insurers to use tools available to them and play their part in reducing disproportionate cost of litigation.... more >

UK Government signs commitment to ADR drive

Published: commercial dispute resolution magazine | 27 Jul 2011

Jonathan West Head of Family suggests proposed changes to legal aid will push more people into acting as litigants in person. Jonathan sees this as 'further clogging up the court system'. 'Could it be, he says 'that the government, realising this, want to keep many cases as possible from reaching the overstretched judiciary?'... more >

Tie-Up with law firm may offer regulatory headache: Prolegal

Published: financial times | 29 Jun 2011

Simon Edwards, Director and Principal Solicitor warns that IFA’s risk exposing themselves up to scrutiny if they rush through with plans to team up with law firms after the retail distribution review comes in. Simon then further comments to say ‘both parties had to be clear in their understanding about the regulatory requirement that any such joint ventures might create.... more >

Statute Check, Aisle three

Published: Spear's | 23 Jun 2011

Tesco Law comes into force in October this year. Under the Legal Services Act 2007, or LSA, law firms can be externally owned, by a bank or a supermarket. Depending on your perspective, Tesco Law couldn’t have come at a better or worse time Spear's writes. The global recession and shaky recovery have left law firms feeling uncharacteristcally vulnerable. The top 100 Law firms in 2009/2010 have declined by 4% in revenue, ‘meaning that lawyers are competing harder for business and the balance of power is (finally) shifting in favour of client's..... more >

Property and asset rights for co-habiting couple if relationship breaks down.

Published: Spear’s | 14 Jun 2011

Jonathan West Head of Family and Matrimonial answers the above regarding the property and asset rights of a co habiting couple and what impact with the recent case of Kernott V Jones have on the law around cohabitation rights.... more >

All you Need is Love….Apparently: The Perils of not having a Pre Nup

Published: wealth briefing | 25 May 2011

With Sir Paul McCartney poised to go to walk down the aisle once again, what lessons can high net worth individuals and their advisors learn from his divorce from Heather Mills? Jonathan West, Head of Family and matrimonial examines the issues at stake.... more >

Consumer Insurance Bill

16 May 2011

Announcement made from Treasury: Government intends to take forward the Law Commission recommendations to reform the law governing disclosure requirements in consumer insurance.... more >

Belgian Waffling - Simon Edwards discusses The Apprentice

Published: blog on - the lawyer | 25 Mar 2011

Simon Edwards, Director and Principal Solicitor discusses an episode of 'The Apprentice' Is it ever justifiable to make a joke that plays on someone’s racial background? Surely a harmless joke once in a while helps to keep the office a happy and cheerful place? In short, the answer is 'no'.... more >