Sharratt v London Central Bus Co [2003] EWHC 9004 (Costs) (30 July 2003)

Sharratt v London Central Bus Co [2003] EWHC 9004 (Costs) (30 July 2003)

The recoverable premium for 2001 Lloyd's ATE insurance, including swing premium and IPT, is set at £525 as this amount is within the bracket of what is reasonable and proportionate in all the circumstances, reflecting the operation of the swing premium but avoiding a disproportionate result for straightforward cases settled pre-proceedings.

Citation
[2003] EWHC 9004 (Costs)
Parties
Claimant: Claimants; Defendant: Defendants
Jurisdiction
England and Wales
Judgment Date
30 July 2003
Procedural Posture
Costs Assessment (test Cases) / Post Judgment, Determination of Recoverable Insurance Premium
Outcome
Recoverable premium for 2001 Lloyd's ATE insurance set at £525 including swing premium and IPT.
Legal Topics
Recoverability of Insurance Premiums, Reasonableness and Proportionality of Costs, Conditional Fee Agreements, After the Event (ate) Insurance, Swing Premium Calculation
Civil Procedure Costs Recoverability of Insurance Premiums Reasonableness and Proportionality of Costs Conditional Fee Agreements After the Event (ate) Insurance Swing Premium Calculation

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Parties

Claimants

Claimant

Defendants

Defendant

Procedural Posture

Costs Assessment (test Cases) / Post Judgment, Determination of Recoverable Insurance Premium

Legal Issues

  1. 1 What is the recoverable amount of the swing premium for 2001 Lloyd's ATE insurance policies under Section 29 of the Access to Justice Act 1999?
  2. 2 How should reasonableness and proportionality be applied to the calculation of recoverable premiums in costs-only proceedings?

Ratio Decidendi

The recoverable premium for 2001 Lloyd's ATE insurance, including swing premium and IPT, is set at £525 as this amount is within the bracket of what is reasonable and proportionate in all the circumstances, reflecting the operation of the swing premium but avoiding a disproportionate result for straightforward cases settled pre-proceedings.

Court Disposition

Recoverable premium for 2001 Lloyd's ATE insurance set at £525 including swing premium and IPT.

Orders

  • Claimants may recover £525 per case for 2001 Lloyd's ATE insurance premium from the paying party.