Scott Dance v East Kent University Hospitals NHS Foundation Trust & Ors

Scott Dance v East Kent University Hospitals NHS Foundation Trust & Ors

A recoverable ATE insurance premium in a clinical negligence claim is recoverable under a costs order (including a deemed order following acceptance of a Part 36 offer) without the need for an express provision in the order, provided the statutory criteria are met; the premium falls within the definition of 'costs' for the purposes of assessment under the CPR.

Parties
Claimant: Scott Dance; First Defendant: East Kent University Hospitals NHS Foundation Trust; Second Defendant: Dr. W. J. Moffatt; Third Defendant: Dr. Robert Malcolm; Fourth Defendant: Dr. Aravinth Balachandran
Jurisdiction
England and Wales
Judgment Date
08 April 2022
Procedural Posture
Costs Assessment (clinical Negligence) / Judgment on Recoverability of ATE Insurance Premium Following Acceptance of Part 36 Offer
Outcome
Claimant's ATE premium allowed as claimed
Legal Topics
ATE Insurance Premium, Part 36 Offer, Costs Recovery, Detailed Assessment, CPR 44.1, CPR 36.13, Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (no 2) Regulations 2013
Civil Procedure Clinical Negligence Costs ATE Insurance Premium Part 36 Offer Costs Recovery Detailed Assessment CPR 44.1 +2 more

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Parties

Scott Dance

Claimant

East Kent University Hospitals NHS Foundation Trust

First Defendant

Dr. W. J. Moffatt

Second Defendant

Dr. Robert Malcolm

Third Defendant

Dr. Aravinth Balachandran

Fourth Defendant

Procedural Posture

Costs Assessment (clinical Negligence) / Judgment on Recoverability of ATE Insurance Premium Following Acceptance of Part 36 Offer

Legal Issues

  1. 1 Whether a recoverable ATE insurance premium is payable by the defendant under a deemed costs order following acceptance of a Part 36 offer in a clinical negligence claim
  2. 2 Whether the No 2 Regulations require an express provision in the costs order for recovery of the ATE premium

Ratio Decidendi

A recoverable ATE insurance premium in a clinical negligence claim is recoverable under a costs order (including a deemed order following acceptance of a Part 36 offer) without the need for an express provision in the order, provided the statutory criteria are met; the premium falls within the definition of 'costs' for the purposes of assessment under the CPR.

Court Disposition

Claimant's ATE premium allowed as claimed

Orders

  • The sum of £5,266.01 for the Claimant’s ATE insurance premium is allowed and recoverable from the First Defendant.