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The recovery of premiums in Clinical Negligence – A new angle of attack?

legal aid

By Peter Morgan, Senior Underwriter

(Estimated reading time: 1 minute, 15 seconds)

It has been over a year since the West and Demouilpied appeals took place in which the Court found the ATE insurance premiums to be reasonable and should be allowed in full.

These two favourable decisions unblocked the costs jam caused by the paying party. However, here at Temple we have now noticed a new approach being taken in respect of the recoverable premium.

The paying party argue that under S46 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, a Costs Order may include provision requiring the payment of an ATE insurance premium.

It is also argued that in the Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (No.2) Regulations 2013 that recovery of the ATE premium is a discretionary inclusion within the costs order. Therefore, the costs order must contain specific provision for payment of the ATE insurance.

Although we are confident that this argument can be overcome, we have sought advice on this matter and recommend that when filing a Tomlin Order, a provision for payment of the ATE premium should be included within the Order itself and not within the schedule.

This approach should reduce the risk of this particular challenge being raised.

Temple remain committed to helping lawyers and their clients by providing a stress-free full delegation ATE insurance scheme for your personal injury cases; one that can be used all the way to trial. If this is something you would be interested in please contact our Senior Underwriter, Peter Morgan on 01483 514 800 or email peter.morgan@temple-legal.co.uk.

Peter Morgan, FCILEx

Senior Underwriter
Read articles by Peter Morgan, FCILEx

Peter Morgan, FCILEx

Peter has been at Temple Legal Protection since September 2011 having previously worked for a national law firm and insurer giving him valuable experience in both Claimant and Defendant work.

Peter is a Senior Underwriter within the Personal Injury and Clinical Negligence team and is responsible for assessing risks along with the day to day management of delegated authority schemes.

He is also available to help with any underwriting questions to ensure customers are getting the best of their ATE and funding products.

He is currently studying with CILEX to qualify as a Chartered Legal Executive which he will use to further develop his knowledge and expertise.

 

Read articles by Peter Morgan, FCILEx