Phillips v Whiddett [2011] EWHC 90218 (Costs) (19 December 2011)

Phillips v Whiddett [2011] EWHC 90218 (Costs) (19 December 2011)

The claimant is entitled to recover the ATE premium in full because it was not shown to be disproportionate or unreasonable; the defendant failed to provide sufficient evidence to challenge the reasonableness of the premium, and the approach in Rogers v Merthyr Tydfil remains binding.

Source-derived case information.

Citation
[2011] EWHC 90218 (Costs)
Parties
Claimant: Maurice Phillips; Defendant: John Whiddett
Jurisdiction
England and Wales
Judgment Date
19 December 2011
Procedural Posture
Costs Only Claim Under CPR 44.12 a / Assessment of Costs Following Settlement of Personal Injury Claim
Outcome
Claimant entitled to recover ATE premium in full.
Legal Topics
Costs Assessment, ATE Insurance Premium Recoverability, Proportionality of Costs, Reasonableness of Costs
Civil Procedure Personal Injury Insurance Law Costs Assessment ATE Insurance Premium Recoverability Proportionality of Costs Reasonableness of Costs

Source-derived case record

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Parties

Maurice Phillips

Claimant

John Whiddett

Defendant

Procedural Posture

Costs Only Claim Under CPR 44.12 a / Assessment of Costs Following Settlement of Personal Injury Claim

Legal Issues

  1. 1 Is the claimant entitled to recover the ATE insurance premium as part of costs?
  2. 2 Is the amount of the ATE premium disproportionate or unreasonable in the circumstances?

Ratio Decidendi

The claimant is entitled to recover the ATE premium in full because it was not shown to be disproportionate or unreasonable; the defendant failed to provide sufficient evidence to challenge the reasonableness of the premium, and the approach in Rogers v Merthyr Tydfil remains binding.

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 costs.