Updates and Briefing Papers

Alignment of FOIL’s Consultation Response and the CJC’s Final Recommendations on Litigation Funding

• FOIL

Responding to a request from the Lord Chancellor for guidance on clarifying the distinction between litigation funding agreements (LFAs) and damages-based agreements (DBAs) following the UK Supreme Court ruling in R (PACCAR) v Competition Appeal Tribunal (2023), the Civil Justice Council's (CJC) final report on the Review of Litigation Funding is an important moment in the evolution of third-party funding (TPF) in England and Wales.

FOIL Survey: SRA Consultation – Changing our requirements on first-tier complaints

• FOIL

The SRA has issued a fresh consultation on first tier complaints. The consultation is due to close on 25 July 2025.

Norman Hay PLC v Marsh Ltd EWCA Civ 58: A Comprehensive Analysis

• FOIL

The Court of Appeal’s decision in Norman Hay PLC v Marsh Ltd is a significant authority on broker liability, the assessment of loss of chance in insurance disputes, and the interface between policyholder claims against insurers and brokers.

Johnstone v Fawcett Garage (Newbury) Limited EWCA Civ Case Note

• FOIL

The Court of Appeal’s decision in Johnstone v Fawcett Garage (Newbury) Limited EWCA Civ provides a significant and instructive analysis of causation in mesothelioma claims, particularly in the context of low-level and indirect asbestos exposure.

Unlocking the Potential of Neurodiversity

• FOIL

Navigating E-Scooter Legislation: Ireland & UK 2025

• FOIL Ireland

Updates to Whiplash Tariff Figures: Implications for Legal Practice and the Civil Liability Act Review

• FOIL

This article provides an in-depth analysis of the updates to whiplash tariffs, the operation of the CLA, and the anticipated outcomes of both the already conducted statutory review, and the newly announced review.

The Harry Parker Bill

• FOIL

The Harry Parker Bill, introduced by MP Will Stone under the Ten Minute Rule, is a legislative proposal aimed at addressing the risks posed by unlicensed and uninsured drivers on UK roads

Humans, non-humans, and post-humans: Rethinking neurodiversity in a digital world

• FOIL

The need to be understood is commonly expressed as a typical human want. Narratives about neurodiversity tend to do so in terms of recognising and respecting the diverse ways people think, learn, communicate, and process information. As we move to greater human/machine interactions in various aspects of our lives, it might be helpful to think about how we address neurodiversity in broader terms.

Civil Justice Council – Enforcement (Final Report)

• FOIL

The Civil Justice Council (CJC) has now published their final report on Enforcement which follows an earlier Call for Evidence in September 2024.

Using AI to Predict Injury Risk in Sport – an Insurance and Medico-Legal Perspective. Event Overview

• FOIL

The increased application of AI presents insurance and medico-legal implications, and these were the focus of discussion among experts at a recent event hosted by FOIL at 39 Essex Chambers in London.

The Terrorism (Protection of Premises) Bill: Latest Update

• FOIL

Named in honour of Martyn Hett, one of the victims of the Manchester Arena attack in 2017, The Terrorism (Protection of Premises) Bill, also referred to as Martyn’s Law, is a piece of legislation focused on improving the security of publicly accessible venues in response to the ongoing threat of terrorism in the UK.