20 October 2022

Why do litigants lose cases they expect to win? – S2E3

Welcome to The Policyholder Podcast, presented by Fenchurch Law, the podcast that aims to bring insights from a variety of guests with different perspectives on the insurance market, in a way that’s relevant to policyholders, and the brokers who represent them.

Our host Jonathan Corman talks to guests HH Judge Davis-White QC and Hugh Evans, Barrister at 4 New Square, about why litigants lose cases they expect to win.

In this episode we cover the following:

  • Whether litigants ever fight cases to trial for reasons other than that seeming the least bad option.
  • To what extent cases get to trial because solicitors/counsel want that, rather than the client.
  • To what extent can you tell in advance that the outcome of a particular trial would depend on the identity of the trial judge (e.g. “pro-claimant” or “pro-defendant” judges; or judges who are more deferential to precedent than others).
  • What recent insurance developments have been Good, Bad or Ugly for policyholders

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