Burgess v J Breheny Contracts Ltd

Burgess v J Breheny Contracts Ltd

It was reasonable for the Claimant to take out ATE insurance at the time, given the real risks present, and the premium, though high, was not to be interfered with absent expert evidence. The costs of preparing the bill and the associated success fee were disproportionate and disallowed.

Parties
Claimant: Donald Burgess; Defendant: J Breheny Contracts Limited
Jurisdiction
England and Wales
Judgment Date
16 January 2009
Procedural Posture
Detailed Assessment of Costs (personal Injury) / Post Settlement, Costs Assessment
Outcome
Claimant's ATE insurance premium allowed in full; costs of preparing bill and success fee disallowed; Defendant to pay Claimant's costs of assessment; permission to appeal granted; enforcement stayed for three months.
Legal Topics
After the Event Insurance, Costs Assessment, Success Fee, Proportionality of Costs
Civil Procedure Costs Law Personal Injury After the Event Insurance Costs Assessment Success Fee Proportionality of Costs

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Parties

Donald Burgess

Claimant

J Breheny Contracts Limited

Defendant

Procedural Posture

Detailed Assessment of Costs (personal Injury) / Post Settlement, Costs Assessment

Legal Issues

  1. 1 Whether it was reasonable for the Claimant to take out after the event (ATE) insurance when he did
  2. 2 Whether the amount of the ATE insurance premium was reasonable and proportionate
  3. 3 Whether the costs of preparing the bill of costs and the associated success fee were reasonable

Ratio Decidendi

It was reasonable for the Claimant to take out ATE insurance at the time, given the real risks present, and the premium, though high, was not to be interfered with absent expert evidence. The costs of preparing the bill and the associated success fee were disproportionate and disallowed.

Court Disposition

Claimant's ATE insurance premium allowed in full; costs of preparing bill and success fee disallowed; Defendant to pay Claimant's costs of assessment; permission to appeal granted; enforcement stayed for three months.

Orders

  • ATE insurance premium of £2,730 allowed in full
  • Costs of preparing bill (£104.90) and success fee (£65.56) disallowed