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Reasonableness and Proportionality ruling ends

clinical negligence report

The Court of Appeal in West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust yesterday handed down a defining judgement on the application of the new reasonableness and proportionality rules.

This follows the 2015 decision in Nokes –v- Heart of England Foundation NHS Trust [2015] EWHC B6 (Costs) where Master Leonard found the Temple Legal Protection ATE insurance policy was fully compliant with the statutory requirements; the insurance premium of £5,680 + Insurance Premium Tax was also reasonable and proportionate.

Commenting on the new judgment, Matthew Best, Underwriting Manager for Temple’s Personal Injury & Clinical Negligence Team said “This decision allows us to continue with our current ATE insurance premium rating and reinforces the decision given by Master Leonard in Nokes. We anticipate paying parties in clinical negligence cases will be resolving ATE insurance premium disputes promptly in order to avoid further unnecessary legal costs.”

He went on to say “As a rule the ATE insurance market operates responsibly in providing access to justice for clinical negligence claims and the threat of unworkable constraints is not helpful to anyone. Any further disputes should be avoidable, unless an ATE provider’s pricing is out of kilter, in which case a further test case may result. As it stands, this judgment should break the log-jam and I would hope that any further high-level decisions could be expected to be consistent with this one.”

Matthew Best

Senior Underwriting Manager
Read articles by Matthew Best

Matthew Best

Matt has an insurance background and joined Temple in July 2011 having worked for 4 years in a leading insurance company where he was dealing with personal injury work.

Matt’s experience allows him to undertake a key role in Temple’s ATE insurance personal injury and clinical negligence teams. He also participates in the assessments of delegated schemes that Temple provide with the objective of helping our customers make the most beneficial and appropriate use of ATE insurance.

He has started studying for this CII exams which he will sit in the near future, which he will then use to develop himself, further into the company in order to provide Temple’s customers with the excellent service they expect.


Read articles by Matthew Best