ATE insurance premiums must relate to the cost exposure they purport to cover
One of the main Jackson reforms to affect civil litigation, which came into force in April 2013, was the abolition of the recoverability of after-the-event (ATE) insurance premiums and success fees in conditional fee agreements (CFAs) from the losing (paying) party.
This applies to ATE policies and CFAs entered into after 1 April, save in relation to a few select classes of cases. Where the ATE policy or CFA was entered into before 1 April, losing parties will continue to be liable to pay what can sometimes appear to be unreasonably large premiums and success fees.
The reasonableness of the levels of ATE premiums sought to be recovered by successful claimants is a recurring theme in many payment protection insurance (PPI) mis-selling cases. The decision in one such case, Kelly vs Black Horse Ltd, might provide some ammunition when challenging such premiums…
If you are registered and logged in to the site, click on the link below to read the rest of the Wragge & Co briefing. If not, please register or sign in with your details below.
News from Wragge & Co
News from The Lawyer
Briefings from Wragge & Co
In February 2013, the European Commission released a draft Network and Information Security Directive.
Allowing independent providers into the NHS Pension Scheme — tackling recruitment issues and facilitating the movement of staff
From 1 April 2014, an independent provider who meets the relevant eligibility criteria will be able to apply to become an employing authority in the NHS Pension Scheme.