The Policyholder Podcast: Presented by Fenchurch Law

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

Fenchurch Law Season 2 Episode 3

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 

People on this episode