Nokes -v- Heart of England Foundation NHS Trust (2015)
Nokes -v- Heart of England Foundation NHS Trust (2015)
The Issues:
This concerned an ATE Insurance policy for a Clinical Negligence claim obtained by the Claimant from Temple Legal Protection following the Jackson reforms in April 2013.
The policy insured the cost of experts’ reports on causation and liability and so was recoverable from the defendant. (Section 2 of the Recoverability of Costs Insurance Premiums in Clinical Negligence Proceedings Regulations 2013 No. 92 of 2013)
http://www.legislation.gov.uk/uksi/2013/92/introduction/made
The premium specifically allocated to cover the cost of these reports was £5,680 plus Insurance Premium Tax for an indemnity of £10,000. In addition it was “self insuring” ie. there was no premium to pay if there was a claim on the policy. The question the court had to answer was whether the policy premium which the defendant was liable to pay, was reasonable and proportionate.
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