ATE insurance: Recoverable premiums and proportionality

Nick McDonnell outlines the Court of Appeal’s ruling on the recoverability of block-rated ATE premiums in low-value clinical negligence cases ‘The Court of Appeal, in exploring the law and practice of such a premium’s proportionality, sought also, for the first time, to provide general guidance on the post-April proportionality test on costs.’ The 17 July …
This post is only available to members.

Case Report: Nokes v Heart of England Foundation NHS Trust [2015] EWHC B6 (Costs)

Jackson reforms; additional liabilities; expert reports; factual evidence ‘Recovery of ATE premiums, where applicable, will in practice often be difficult to challenge. The evidential burden on the paying party will not easily be shifted.’ This case is the first reported decision on the recovery of additional liabilities taken out after the implementation of the Jackson …
This post is only available to members.