Smith v Interlink Express Parcels Ltd [2007] EWHC 90095 (Costs) (05 July 2007)

Smith v Interlink Express Parcels Ltd [2007] EWHC 90095 (Costs) (05 July 2007)

On the facts and evidence presented, the Temple stage 1 ATE premium of £750 was disproportionate and unreasonable given the level of risk and available comparables. In the absence of evidence from underwriters justifying the premium, the court substituted a reasonable figure of £450 plus 5% IPT (£472.50), applying a broad brush approach based on comparable policies and the limited information provided.

Citation
[2007] EWHC 90095 (Costs)
Parties
Claimant: David Smith; Defendant: Interlink Express Parcels Ltd
Jurisdiction
England and Wales
Judgment Date
05 July 2007
Procedural Posture
Costs Assessment (part 8 Proceedings) / Detailed Assessment of ATE Insurance Premium
Outcome
Claimant's ATE premium claim reduced; costs assessed at lower premium.
Legal Topics
ATE Insurance Premium, Reasonableness and Proportionality of Costs, Personal Injury, Conditional Fee Agreements
Civil Procedure Costs ATE Insurance Premium Reasonableness and Proportionality of Costs Personal Injury Conditional Fee Agreements

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Parties

David Smith

Claimant

Interlink Express Parcels Ltd

Defendant

Procedural Posture

Costs Assessment (part 8 Proceedings) / Detailed Assessment of ATE Insurance Premium

Legal Issues

  1. 1 Whether the ATE insurance premium claimed by the claimant is reasonable and proportionate in the context of the case.

Ratio Decidendi

On the facts and evidence presented, the Temple stage 1 ATE premium of £750 was disproportionate and unreasonable given the level of risk and available comparables. In the absence of evidence from underwriters justifying the premium, the court substituted a reasonable figure of £450 plus 5% IPT (£472.50), applying a broad brush approach based on comparable policies and the limited information provided.

Court Disposition

Claimant's ATE premium claim reduced; costs assessed at lower premium.

Orders

  • The recoverable ATE insurance premium is allowed at £450 plus 5% IPT, total £472.50.