ATE Insurance Blog
ATE Insurance Blog
Caselaw Review: Rogers v Luteaim Limited - Commission payable on an After the Event Insurance policy
8th December, 2010
The Issues: The successful Claimant sought to recover his fixed recoverable costs in respect of an RTA including a "ClaimSafe” After the Event Insurance premium of £367.50 (inc. IPT) arranged by Box Legal Limited. The Defendant believed that the Claimant’
More...Jackson - The Main Problem with Qualified One Way Costs Shifting
6th December, 2010
So there I was watching Dr Dolittle with my children (not my cup of tea but better than sitting though 5 Peppa Pig episodes again) when on came the two headed lama thingeymajig called - pushme-pullyu. I was watching Rex Harrison
More...Caselaw Review: Tilby v Perfect Pizza - Deferred After Event Insurance policy is not subject to CCA
3rd December, 2010
The Issues: The premium on the Claimant’s After the Event Insurance policy was only payable at the end of the case. The Defendant argued that it was not liable to pay the ATE Insurance premium because deferring payment of the premium
More...Caselaw Review: Claims Direct Test Cases - After the Event Insurance of £621.13 recoverable
2nd December, 2010
The Issues: A number of test cases were selected to decide issues of principle. The main question was: Which of the elements which had been included in the premium of £1,312.50 (inc of IPT) could properly be categorised as a
More...After the Event Insurance & The Jackson Consultation
30th November, 2010
We have our auditors in today so I shall be brief - I keep getting asked to count paperclips etc. OK where were we with the consultation. Oh yes - item no. 6: 6. Page 28 (The Consultation): talking about success fees and
More...Caselaw Review: Avril v Boultby - After the Event Insurance taken out post admission is recoverable
29th November, 2010
The Issue: Liability had been admitted from the outset in a road traffic accident. Could an After the Event Insurance premium taken out after that admission, be recovered? Held: The Defendant in the case had attempted to rely on the often quoted
More...Jackson Analysis and After the Event Insurance
25th November, 2010
I sold my running machine on Ebay for £30.99 last night. The hill function had broken and I (strangely) like running up hills. So thank goodness for the Jackson Report Consultation document. It's like climbing K2 only less straight forward. Here
More...Caselaw Review: Aktas v Adepta (2010) - Issuing second claim form after limitation is not an abuse o
23rd November, 2010
The Issues: These were conjoined appeals where the Claimants had issued proceedings towards the very end of the limitation period but the cases were then struck out because of their solicitors failure to serve the Claim Forms within the 4
More...MoJ Think Jackson Reform will Increase Number of Claims
22nd November, 2010
The Ministry of Justice has issued an impact assessment (www.justice.gov.uk/consultations/docs/ia-qualified-one-way-costs-shifting.pdf) in which they admit for the first time that they believe one way costs shifting will increase the number of claims made
More...The Financial Impact to the Goverment of the Jackson Reforms
19th November, 2010
I was invited to attend a quiz in a local pub last night by a friend. There were nine of us in the team. I think I had been brought in to shore up a perceived weakness in answering questions about After
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