Nokes v Heart of England Foundation NHS Trust [2015] EWHC B6 (Costs) (29 May 2015)

Nokes v Heart of England Foundation NHS Trust [2015] EWHC B6 (Costs) (29 May 2015)

The ATE policy is compliant with section 58C and the 2013 Regulations; premium (a) is recoverable as it insures only the risk of liability for expert reports and is properly identified. The Defendant failed to establish that the premium is unreasonable or disproportionate, as the block-rated scheme is a reasonable market response and comparable evidence does not show the premium to be excessive. The Claimant is entitled to recover the full amount of the ATE premium claimed.

Citation
[2015] EWHC B6 (Costs)
Parties
Claimant: Claimant; Defendant: Defendant
Jurisdiction
England and Wales
Judgment Date
29 May 2015
Procedural Posture
Clinical Negligence Costs Assessment / Detailed Assessment of Costs, Standard Basis
Outcome
Claimant succeeds on the recoverability and amount of the ATE premium.
Legal Topics
Recoverability of ATE Insurance Premiums, Assessment of Costs, Proportionality of Costs, Reasonableness of Insurance Premiums, Interpretation of Statutory Requirements for Costs Recovery
Civil Procedure Insurance Law Medical Negligence Recoverability of ATE Insurance Premiums Assessment of Costs Proportionality of Costs Reasonableness of Insurance Premiums Interpretation of Statutory Requirements for Costs Recovery

Case Brief

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Parties

Claimant

Claimant

Defendant

Defendant

Procedural Posture

Clinical Negligence Costs Assessment / Detailed Assessment of Costs, Standard Basis

Legal Issues

  1. 1 Whether the ATE insurance premium claimed by the Claimant is recoverable under section 58C of the Courts and Legal Services Act 1990 and the 2013 Regulations
  2. 2 Whether the amount of the ATE premium is reasonable and proportionate

Ratio Decidendi

The ATE policy is compliant with section 58C and the 2013 Regulations; premium (a) is recoverable as it insures only the risk of liability for expert reports and is properly identified. The Defendant failed to establish that the premium is unreasonable or disproportionate, as the block-rated scheme is a reasonable market response and comparable evidence does not show the premium to be excessive. The Claimant is entitled to recover the full amount of the ATE premium claimed.

Court Disposition

Claimant succeeds on the recoverability and amount of the ATE premium.

Orders

  • The Claimant is entitled to recover the full amount of the ATE premium claimed as part of her costs.