COST BITES 250: SHOULD THE CLAIMANT’S SOLICITOR BE ENTITLED TO RECOVER A FULL SUCCESS FEE AND THE ATE PREMIUM? A DECISION MADE ON APPEAL
We are looking at a decision made on appeal in relation to the very common issue of the percentage of a success fee and the taking out, and subsequent deduction from damages, of an After the Event Insurance policy. The…
PROVING THINGS 87: FAILURE TO PROVE BASIC ELEMENTS MEANT THAT THE FULL PREMIUM WAS NOT RECOVERED
I am grateful to Dominic Regan for sending me a copy of the judgment of District Judge Baldwin in Nicolaou -v- Cass (Liverpool CC 1st November 2017). The claimant failed to recover a substantial figure for a stage 2 premium…
DEFENDANT ORDERED TO PAY AFTER THE EVENT PREMIUM OF £533,017.13 : EYE-WATERING DECISION FOR INSURERS
In Percy v Anderson-Young [2017] EWHC 2712 (QB) Mr Justice Martin Spencer held that an after the event premium of £533,107.13 was recoverable. There was no sympathy for the defendant. “… in my judgment, any sympathy for the Defendant here…
CLINICAL NEGLIGENCE: RECOVERABILITY OF PREMIUMS & PROPORTIONALITY: COURT OF APPEAL DECISION TODAY
In Peterborough & Stamford Hospitals NHS Trust v McMenemy & Ors [2017] EWCA Civ 1941 the Court of Appeal considered the position in relation to the payment of insurance premiums in clinical negligence cases. The Court decided that it is appropriate…
CLINICAL NEGLIGENCE AND INSURANCE COSTS: POLICY OF £10,000 WAS BOTH REASONABLE AND PROPORTIONAL: HIGH COURT DECISION
In Mitchell v Gilling-Smith [2017] EWHC B18 (Costs) Master Leonard held that a £10,000 premium incurred in a clinical negligence case was reasonable and proportional. It also highlights the importance of a paying party bringing actual evidence to court if they…
INSURANCE, FUNDING AND LITIGATION: INSURERS HAD TO PAY SOLICITORS
There is an interesting judgment by Stuart Brown QC (sitting as a judge of the High Court) in Nesbit Law Group LLP -v- Acasta European Insurance Company Limited (Leeds Mercantile Court 15.9.16). The judgment is available here nesbitjudgment A judgment on…
CHILDREN, SUCCESS FEES AND DEDUCTIONS FROM DAMAGES : AN IMPORTANT JUDGMENT
The question of child claimants and deductions from damages remains a live and controversial one. The judgment on this issue of the regional costs judge,District Judge Lumb in A & B -v- The Royal Mail Group [2015] EW Misc B24(CC)(14th…
RECOVERY OF THE INSURANCE PREMIUM IN CLINICAL NEGLIGENCE CASES: 10 KEY POINTS
The recent post on the decision in Nokes -v- Heart of England Foundation Trust [2015] EWHC B6 highlighted the issues relating to recoverability of the premium in clinical negligence cases. Here is a 10 point summary: 1. ONLY THAT PART…
AFTER THE EVENT PREMIUM BOTH RECOVERABLE, REASONABLE AND PROPORTIONATE
When is an after the event premium and when is it recoverable? The decision of Master Leonard (sitting as a Judge of the Mayor’s and City County Court) in Nokes -v- Heart of England Foundation Trusts [2015] EWHC B6 (Costs)…
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