Mitchell v Gilling-Smith (2017)
Mitchell v Gilling-Smith (2017)
The Issues:
The claimant brought an action claiming negligent treatment of an ovarian endometrioma. A consultant was instructed and a formal letter of claim sent. The action was eventually settled for £200,000. A CFA was entered into in July 2014 and, at the same time, the claimant took out an ATE insurance policy. This was “split” with a “recoverable” premium of £10,000 and £3,500 for other disbursements and opponents’ legal costs.
The Defendant challenged on the basis of ‘very real doubt’ that the premium was reasonably incurred for expert evidence in a relatively uncomplicated case.
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