Supreme Court Costs Office
Senior Costs Judge Hurst
The Issues: The premium on the Claimant’s ATE insurance policy was only payable at the end of the case. The Defendant argued that it was not liable to pay the ATE premium because deferring payment of the premium was providing the Claimant with credit and the policy was therefore subject to the Consumer Credit Act 1974 (“the Act”). As the Act had not been complied with (no Consumer Credit Act agreement had been signed) the agreement was unenforceable and therefore the premium was irrecoverable.
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