Category Insurance premiums

INSURANCE, FUNDING AND LITIGATION: INSURERS HAD TO PAY SOLICITORS

There is an interesting judgment by Stuart Brown QC (sitting as a judge of the High Court) in Nesbit Law Group LLP -v- Acasta European Insurance Company Limited (Leeds Mercantile Court 15.9.16). The judgment is available here nesbitjudgment A judgment on a supplementary issue is available here nesbitprelim The Note in relation to permission to appeal is […]

CHILDREN, SUCCESS FEES AND DEDUCTIONS FROM DAMAGES : AN IMPORTANT JUDGMENT

The question of child claimants and deductions from damages remains a live and controversial one. The judgment on this issue of the regional costs judge,District Judge Lumb in A & B -v- The Royal Mail Group  [2015] EW Misc B24(CC)(14th August 2015) is set out below and also as an attachment to this post. The judgment is […]

RECOVERY OF THE INSURANCE PREMIUM IN CLINICAL NEGLIGENCE CASES: 10 KEY POINTS

The recent post on the decision in Nokes -v- Heart of England Foundation Trust [2015] EWHC B6 highlighted the issues relating to recoverability of the premium in clinical negligence cases.  Here is a 10 point summary: 1.  ONLY  THAT PART OF THE PREMIUM RELATING TO REPORTS ON LIABILITY IS RECOVERABLE The starting point is The […]

AFTER THE EVENT PREMIUM BOTH RECOVERABLE, REASONABLE AND PROPORTIONATE

When is an after the event premium and when is it recoverable? The decision of Master Leonard (sitting as a Judge of the Mayor’s and City County Court) in Nokes -v- Heart of England Foundation Trusts [2015] EWHC B6 (Costs) addresses many of these issues. THE CASE The Master was considering an assessment, on the […]