The Issues:The Claimant was pursuing a claim for personal injuries within the MOJ protocol for low value RTA claims and had purchased an ATE insurance policy with a fixed premium of over £400 (inc IPT). The case settled at Stage 2 of the protocol and the Defendant argued that the ATE premium was unreasonable on the basis that had the Claimant taken out a policy with a staged premium, then the premium could have been as low as £80 taking into account the stage the case had reached.
The Defendant's evidence was in the form of a supporting witness statement which attached a number of staged policies. These had various premiums ranging from £80 to £100 should the case settle in stage 1 or 2 of the MOJ protocol for low value RTA claims, but which increased at defined points, e.g. proceedings issued, and could (in the examples) rise to £1,795 or £3,000 should the case reach trial. No expert evidence was provided.
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