Understanding how litigation strategies affect cash flow will allow claimant firms to hold their nerve in the face of obstructive defendant tactics, advises Matthew Gwynne of UK-based SpectraLegal Finance
May 31, 2016
Claimant clinical negligence lawyers will be all too aware of obstructive defendant tactics when it comes to attempting to reach a settlement. Even some NHS chief executives have spoken out about the tactics of their own lawyers.
These tactics can range from the infuriating to the ridiculous. Ignoring timelines stated in the established protocols, an issue that I understand both the Society of Clinical Injury Lawyers and Action against Medical Accidents are focusing on currently, is very common. Failure to settle strong cases at an early stage is another, with defendants letting claimants proceed to a full letter of claim in the knowledge that they will settle, admitting liability on the eve of a trial, and then querying all the avoidable costs involved.
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