Dance v East Kent University Hospitals NHS Foundation Trust & Ors [2022] EWHC 2198 (SCCO) (08 April 2022)

Dance v East Kent University Hospitals NHS Foundation Trust & Ors [2022] EWHC 2198 (SCCO) (08 April 2022)

A recoverable ATE insurance premium in a clinical negligence claim is recoverable under a deemed costs 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 No 2 Regulations do not require a specific order for recovery, and the definition of 'costs' in the CPR includes such premiums in this context.

Citation
[2022] EWHC 2198 (SCCO)
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
Clinical Negligence Costs Assessment / Assessment of Costs Following Acceptance of Part 36 Offer
Outcome
Claimant's ATE premium allowed as claimed
Legal Topics
Recoverability of ATE Insurance Premiums, Interpretation of CPR 44.1 and 36.13, Application of Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (no 2) Regulations 2013
Civil Procedure Costs Law Clinical Negligence Recoverability of ATE Insurance Premiums Interpretation of CPR 44.1 and 36.13 Application of Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (no 2) Regulations 2013

Case Brief

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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

Clinical Negligence Costs Assessment / Assessment of Costs 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 Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (No 2) Regulations 2013 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 deemed costs 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 No 2 Regulations do not require a specific order for recovery, and the definition of 'costs' in the CPR includes such premiums in this context.

Court Disposition

Claimant's ATE premium allowed as claimed

Orders

  • The sum of £5,266.01 for the ATE insurance premium is allowed in the claimant's bill of costs.