Rogers v Merthyr Tydfil County Borough Council [2006] EWCA Civ 701 (23 May 2006)

Rogers v Merthyr Tydfil County Borough Council [2006] EWCA Civ 701 (23 May 2006)

Permission for a second appeal is granted due to public importance; the appeal will proceed as a test case with directions for adducing further evidence and submissions, and with protections for the respondent's costs exposure.

Citation
[2006] EWCA Civ 701
Parties
Claimant/appellant: Jonathan Luke Rogers; Defendant/respondent: Merthyr Tydfil County Borough Council; Intervener: Allianz Cornhill; Intervener: Abbey Legal Protection; Intervener: Brit Insurance Limited; Intervener: LAMP Insurance; Intervener: Temple Legal Protection Limited; Intervener: Keystone Legal Benefits Limited; Intervener: Law Society
Jurisdiction
England and Wales
Judgment Date
23 May 2006
Procedural Posture
Civil Appeal / Permission for Second Appeal and Directions
Outcome
Permission to appeal granted; directions for further evidence and procedure given.
Legal Topics
After the Event (ate) Insurance, Costs Assessment, Proportionality, Test Case Procedure
Civil Procedure Costs Insurance After the Event (ate) Insurance Costs Assessment Proportionality Test Case Procedure

Case Brief

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Parties

Jonathan Luke Rogers

Claimant/appellant

Merthyr Tydfil County Borough Council

Defendant/respondent

Allianz Cornhill

Intervener

Abbey Legal Protection

Intervener

Brit Insurance Limited

Intervener

LAMP Insurance

Intervener

Temple Legal Protection Limited

Intervener

Keystone Legal Benefits Limited

Intervener

Law Society

Intervener

Procedural Posture

Civil Appeal / Permission for Second Appeal and Directions

Legal Issues

  1. 1 Whether the reduction of the ATE insurance premium by the judge was correct
  2. 2 How proportionality should be assessed in relation to ATE premiums in low value cases
  3. 3 Whether staged premiums are reasonable

Ratio Decidendi

Permission for a second appeal is granted due to public importance; the appeal will proceed as a test case with directions for adducing further evidence and submissions, and with protections for the respondent's costs exposure.

Court Disposition

Permission to appeal granted; directions for further evidence and procedure given.

Orders

  • Permission to rely on further evidence (Mr Bellamy's statement) granted.
  • Directions for filing evidence and submissions by interveners and parties set.