header-logo header-logo

Prospects for a reasonable recovery?

05 July 2018 / Masood Ahmed
Issue: 7800 / Categories: Features , Procedure & practice , Costs
printer mail-detail
nlj_7800_ahmed

Masood Ahmed provides a useful review of the art of recovering after the event insurance premiums in clinical negligence disputes

Sir Rupert Jackson’s recommendation to abolish the right of claimants to recover after the event insurance (ATE) premiums from the defendant was modified by Parliament in clinical negligence disputes. The recovery of ATE insurance premiums was permitted in order to ensure access to justice for claimants with meritorious claims who would otherwise be unable to fund their claims.

In the leading case of Callery v Gray [2001] EWCA Civ 1117, the Court of Appeal held that, for the purposes of recovering ATE premiums, it was reasonable for a claimant to take out ATE insurance when he first instructed his solicitors. That approach was challenged by the defendant insurers in the recent joined appeals of Peterborough and Stamford Hospitals NHS Trust v Maria McMenemy and Reynolds v Nottinghmashire University Hospitals NHS Foundation Trust [2017] EWCA Civ 1941 in which the claimants sought to recover ATE premiums after setting their claims but before

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll