On Appeal to the Leeds County Court
The Issues: A Claimant had union membership and an existing before the event ("BTE") legal expenses insurance policy, both of which protected her against the costs of her claim. She had pursued her claim with the benefit of her union membership. Should she have taken advantage of her BTE insurance policy, rather than have used her trade union membership.
The question was important because the union were seeking a Part 30 'insurance' contribution as permitted by the Access to Justice Act 1999. If the BTE route had been followed, the defendant's insurers would not be required to pay the insurance contribution as a disbursement.
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