Dance v East Kent University Hospitals NHS Foundation Trust & Ors [2022] EWHC B9 (Costs) (08 April 2022)

Dance v East Kent University Hospitals NHS Foundation Trust & Ors [2022] EWHC B9 (Costs) (08 April 2022)

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 express provision in the order, provided the statutory criteria are met. The No 2 Regulations do not require an express order for recovery, and the definition of 'costs' in CPR 44.1(1) must be read to include such premiums in this context.

Citation
[2022] EWHC B9 (Costs)
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 in Clinical Negligence Proceedings / Detailed Assessment of Costs Following Acceptance of Part 36 Offer
Outcome
Claimant's ATE premium allowed as drawn; premium is recoverable from the first Defendant.
Legal Topics
Recoverability of ATE Insurance Premiums, Interpretation of CPR 44.1(1) and 36.13, Application of Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (no 2) Regulations 2013, Effect of Deemed Costs Orders Under CPR 44.9(1)(b)
Civil Procedure Clinical Negligence Costs Recoverability of ATE Insurance Premiums Interpretation of CPR 44.1(1) and 36.13 Application of Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (no 2) Regulations 2013 Effect of Deemed Costs Orders Under CPR 44.9(1)(b)

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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 in Clinical Negligence Proceedings / Detailed 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 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 express provision in the order, provided the statutory criteria are met. The No 2 Regulations do not require an express order for recovery, and the definition of 'costs' in CPR 44.1(1) must be read to include such premiums in this context.

Court Disposition

Claimant's ATE premium allowed as drawn; premium is recoverable from the first Defendant.

Orders

  • The Claimant is entitled to recover the ATE insurance premium of £5,266.01 from the first Defendant as part of his costs.