Source: All England Reporter
Publisher Citation: [2003] All ER (D) 160 (Feb)
Neutral Citation: [2003] EWCA Civ 136
Court: Court of Appeal, Civil Division

Brooke, Laws LJJ and Sir Anthony Evans

Representation Timothy Charlton QC and Nicholas Bacon (instructed by Colman Coyle) for the claimants.
  Anna Guggenheim QC and Alexander Hutton (instructed by Vizards Wyeth, Lamport Bassitt & Carters) for the first and third defendants.
  Alan Newman QC and Andrew Neish (instructed by Beachcroft Wansbroughs) for the second defendants.
Judgment Dates: 12 February 2003


Costs - Order for costs - Conditional fee agreement - Insurance premium - Recovery by way of costs - Claimants seeking to recover from defendants sums paid to claims handling company - Claimants only entitled to recover that part of sums paid amounting to insurance premiums - s 29.

The Case

In various test cases, where successful claimants had attempted to recover as the premium for ATE insurance the whole of the 'premium' for their litigation protection insurance policy from defendants, only those sums directly relating to insurance premiums, rather than any costs relating to management of the claimants' cases, were recoverable, pursuant to s29 of the .

Practice Areas

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