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Home > ATE Caselaw > Mitchell v Gilling-Smith (2017)

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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