Stephenson v Paymaster (1836) Ltd (t/a Equitini) [2023] EWHC 2204 (SCCO) (01 September 2023)

Stephenson v Paymaster (1836) Ltd (t/a Equitini) [2023] EWHC 2204 (SCCO) (01 September 2023)

The ATE premium is not recoverable because the MPI claim was not genuine; there was no misuse of private information as the Defendant's act was inadvertent and did not constitute use or misuse in the legal sense. The statutory exception for ATE premium recoverability applies only to genuine MPI claims, not to spurious or artificially labelled ones.

Citation
[2023] EWHC 2204 (SCCO)
Parties
Claimant/receiving Party: Mrs Claire Stephenson; Defendant/paying Party: Paymaster (1836) Ltd (T/A Equitini)
Jurisdiction
England and Wales
Judgment Date
01 September 2023
Procedural Posture
Costs Assessment / Post Settlement Costs Determination
Outcome
ATE premium not recoverable; costs item disallowed.
Legal Topics
After the Event Insurance Premiums, Misuse of Private Information, Data Protection Act 2018, UK GDPR, Costs Recovery, Statutory Interpretation
Civil Procedure Data Protection Privacy After the Event Insurance Premiums Misuse of Private Information Data Protection Act 2018 UK GDPR Costs Recovery +1 more

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Parties

Mrs Claire Stephenson

Claimant/receiving Party

Paymaster (1836) Ltd (T/A Equitini)

Defendant/paying Party

Procedural Posture

Costs Assessment / Post Settlement Costs Determination

Legal Issues

  1. 1 Whether a spurious claim for misuse of private information (MPI) engages the statutory exception for ATE premium recoverability under article 4(d) of the 2013 Order
  2. 2 Whether the MPI claim in this case was genuine or spurious

Ratio Decidendi

The ATE premium is not recoverable because the MPI claim was not genuine; there was no misuse of private information as the Defendant's act was inadvertent and did not constitute use or misuse in the legal sense. The statutory exception for ATE premium recoverability applies only to genuine MPI claims, not to spurious or artificially labelled ones.

Court Disposition

ATE premium not recoverable; costs item disallowed.

Orders

  • The ATE premium claimed by the Claimant is not recoverable in principle.