Rogers v Luteaim Limited (2009)
Rogers v Luteaim Limited (2009)
Macclesfield County Court
Date: 06/05/09
The Issues:The successful Claimant sought to recover his fixed recoverable costs in respect of an RTA including a “ClaimSafe” ATE premium of £367.50 (inc. IPT) arranged by Box Legal Limited. The Defendant believed that the Claimant’s solicitor might receive a commission in respect of the ATE policy, but had no evidence that any was paid. It therefore wanted the Claimant’s solicitors to disclose whether they would receive any commission, in order that the Court could then decide 'whether the cost of insurance cover was reasonable, relevant factors to be taken into account'....being….'the amount of commission payable to the receiving party or his legal representatives or other agents' (Part 44 Section 11.10 of the Practice Direction).
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