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
Legal Issues
- 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.
Full Case Text
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