Parker v Seixo

Parker v Seixo

The court held that, absent expert evidence to the contrary, it is not for the costs judge to substitute their own assessment for that of the underwriter in individually rated, staged ATE premiums in high value multi-track cases. The Claimant's solicitors acted responsibly in selecting the policy, and the premium is not manifestly unreasonable or disproportionate.

Parties
Claimant: Kenneth Ronald Parker; Defendant: Joel Carlos Seixo
Jurisdiction
England and Wales
Judgment Date
03 March 2010
Procedural Posture
Costs Assessment / Judgment on Detailed Assessment of ATE Insurance Premium
Outcome
Claimant's ATE insurance premium allowed in full
Legal Topics
After the Event Insurance, Costs Assessment, Personal Injury, Reasonableness of Premiums

Case Brief

Summary, issues, holding and outcome

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Parties

Kenneth Ronald Parker

Claimant

Joel Carlos Seixo

Defendant

Procedural Posture

Costs Assessment / Judgment on Detailed Assessment of ATE Insurance Premium

  1. 1 Whether the After-The-Event (ATE) insurance premium claimed by the Claimant is reasonable and proportionate and should be allowed in full on assessment

Ratio Decidendi

The court held that, absent expert evidence to the contrary, it is not for the costs judge to substitute their own assessment for that of the underwriter in individually rated, staged ATE premiums in high value multi-track cases. The Claimant's solicitors acted responsibly in selecting the policy, and the premium is not manifestly unreasonable or disproportionate.

Court Disposition

Claimant's ATE insurance premium allowed in full

Orders

  • The ATE insurance premiums claimed by the Claimant are allowed as claimed.