Phillips v Whiddett

Phillips v Whiddett

The Claimant is entitled to recover the ATE premium in full because it is both proportionate and reasonable; the Defendant failed to provide sufficient evidence to show the premium was unreasonably high or disproportionate, and the premium is recoverable under CPR 45.30(2)(b) despite the RTA Protocol's wording.

Parties
Claimant: Maurice Phillips; Defendant: John Whiddett
Jurisdiction
England and Wales
Judgment Date
19 December 2011
Procedural Posture
Costs Only Claim (part 8) Following Settlement of Personal Injury Claim Under RTA Protocol / Costs Assessment Hearing
Outcome
Claimant entitled to recover ATE premium in full
Legal Topics
After the Event (ate) Insurance Premiums, Costs Assessment, Proportionality of Costs, Reasonableness of Costs, Pre Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents
Civil Procedure Insurance Law After the Event (ate) Insurance Premiums Costs Assessment Proportionality of Costs Reasonableness of Costs Pre Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents

Case Brief

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Parties

Maurice Phillips

Claimant

John Whiddett

Defendant

Procedural Posture

Costs Only Claim (part 8) Following Settlement of Personal Injury Claim Under RTA Protocol / Costs Assessment Hearing

Legal Issues

  1. 1 Is the ATE insurance premium recoverable under the RTA Protocol and CPR 45.30(2)(b)?
  2. 2 Is the ATE insurance premium disproportionate to the damages agreed?
  3. 3 Is the ATE insurance premium unreasonably high in all the circumstances?

Ratio Decidendi

The Claimant is entitled to recover the ATE premium in full because it is both proportionate and reasonable; the Defendant failed to provide sufficient evidence to show the premium was unreasonably high or disproportionate, and the premium is recoverable under CPR 45.30(2)(b) despite the RTA Protocol's wording.

Court Disposition

Claimant entitled to recover ATE premium in full

Orders

  • Defendant to pay the Claimant's ATE insurance premium of £418.70 as part of recoverable costs