“…ded in clinical negligence cases. That was stressed by Brooke LJ, giving the judgment of the Court of Appeal, in Rogers v Merthyr Tydfil County Borough Council [2006] EWCA Civ 1134; [2007] 1WLR 808, at paragraph 105, and Lewison LJ in McMenemy at paragraph 74. Access to justice must therefore be the starting point for any debate about the…”
“…latively straightforward. It is inherent in the evidence of Mr Brown from DAS (reviewed in more detail below) and was considered in Rogers v Merthyr Tydfil CBC [2006] EWCA Civ 1134. Where premiums are self-insured, the basic “burning cost” of the premium for cases with a 50% prospect of success will be 100% of the likely cost (as the winn…”
“…central to access to justice now as it did when considered by the Court of Appeal in Callery v Gray (No.1) [2001] EWCA Civ 1117 and Rogers v Merthyr Tydfil CBC [2006] EWCA Civ 1134. As the witnesses for the Respondent have made clear, they do not take issue with the practice of block rating, and a feature of block rating is that winning c…”