Abrew v Tesco Stores Ltd.
The appropriate insurance premium was £400 based on the circumstances and market knowledge at the time; the 50% success fee was reasonable given the risk assessment and uncertainty; the Costs Officer's assessment of detailed assessment costs should not be interfered with as the defendants' conduct contributed to the costs incurred.
- Parties
- Claimant: Mrs Mary Abrew; Defendant: Tesco Stores Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 16 May 2003
- Procedural Posture
- Costs Appeal / Appeal From Costs Officer's Assessment
- Outcome
- Defendants' appeal allowed in part (insurance premium reduced), dismissed in respect of success fee and detailed assessment costs.
- Legal Topics
- Insurance Premiums, Success Fees, Proportionality, Detailed Assessment
Case Brief
Summary, issues, holding and outcome
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Parties
Mrs Mary Abrew
Claimant
Tesco Stores Limited
Defendant
Procedural Posture
Costs Appeal / Appeal From Costs Officer's Assessment
Legal Issues
- 1 Appropriate level of insurance premium
- 2 Appropriate success fee percentage
- 3 Proportionality of costs for detailed assessment
Ratio Decidendi
The appropriate insurance premium was £400 based on the circumstances and market knowledge at the time; the 50% success fee was reasonable given the risk assessment and uncertainty; the Costs Officer's assessment of detailed assessment costs should not be interfered with as the defendants' conduct contributed to the costs incurred.
Court Disposition
Defendants' appeal allowed in part (insurance premium reduced), dismissed in respect of success fee and detailed assessment costs.
Orders
- Insurance premium allowed at £400.
- Success fee allowed at 50%.
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