Source: All England Reporter
Publisher Citation: [2017] All ER (D) 69 (Dec)
Neutral Citation: [2017] EWCA Civ 1941
Court: Court of Appeal, Civil Division
Judge:

Lewison, Beatson and Hildyard LJJ

Representation Roger Mallalieu (instructed by Acumension Ltd) for the appellant.
  Nicholas Bacon QC and Rupert Cohen (instructed by Just Costs Solicitors as agents for Fletchers Solicitors) for the respondent.
  Nicholas Bacon QC and Rupert Cohen (instructed by Just Costs Solicitors as agents for Ashton KCJ Solicitors) for the appellant.
  Roger Mallalieu (instructed by Acumension Ltd) for the respondent.
Judgment Dates: 28 November 2017

Catchwords

Costs - Assessment - Estimate of costs - Personal injury

The Case

Costs Assessment. It was still permissible for ATE insurance to be taken out as soon as a claimant entered into a CFA and the new test, including the provisions about proportionality, applied to post-April 2013 clinical negligence claims. In deciding two appeals, the Court of Appeal, Civil Division further held that it could not be right to say that the recovery of ATE insurance premiums under The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (No 2) Regulations 2013, was not subject to the CPR at all.

Practice Areas

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