Wooldridge v Hayes [2005] EWHC 90007 (Costs) (10 February 2005)

Wooldridge v Hayes [2005] EWHC 90007 (Costs) (10 February 2005)

The ATE insurance premium and insurance premium tax are recoverable as costs because the insurance was necessary, the premium was not unreasonable in amount, and any technical breach in disclosure did not prejudice the Defendants. Relief from sanctions is granted for non-compliance with the Costs Practice Direction.

Citation
[2005] EWHC 90007 (Costs)
Parties
Claimant: Claimant (name not specified, represented by husband as litigation friend); Defendant: Defendants (names not specified)
Jurisdiction
England and Wales
Judgment Date
10 February 2005
Procedural Posture
Detailed Assessment of Costs in Personal Injury Litigation / Post Settlement, Assessment of Costs
Outcome
Insurance premium and insurance premium tax allowed as claimed; costs of these proceedings to the Claimant on the standard basis.
Legal Topics
After the Event Insurance, Costs Assessment, Conditional Fee Agreements, Relief From Sanctions
Civil Procedure Personal Injury After the Event Insurance Costs Assessment Conditional Fee Agreements Relief From Sanctions

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Parties

Claimant (name not specified, represented by husband as litigation friend)

Claimant

Defendants (names not specified)

Defendant

Procedural Posture

Detailed Assessment of Costs in Personal Injury Litigation / Post Settlement, Assessment of Costs

Legal Issues

  1. 1 Whether the after the event (ATE) insurance premium and insurance premium tax are recoverable as costs from the Defendants
  2. 2 Whether the Claimant complied with the Costs Practice Direction regarding disclosure of funding arrangements
  3. 3 Whether the insurance cover was illusory or unreasonable in cost

Ratio Decidendi

The ATE insurance premium and insurance premium tax are recoverable as costs because the insurance was necessary, the premium was not unreasonable in amount, and any technical breach in disclosure did not prejudice the Defendants. Relief from sanctions is granted for non-compliance with the Costs Practice Direction.

Court Disposition

Insurance premium and insurance premium tax allowed as claimed; costs of these proceedings to the Claimant on the standard basis.

Orders

  • Insurance premium of £7,469 and insurance premium tax of £373.45 allowed as costs.
  • Costs of these proceedings to the Claimant on the standard basis, to be assessed if not agreed.