Reasonable ATE premium can still be disproportionate – Martin v Queen Victoria Hospital NHS Foundati

Reasonable ATE premium can still be disproportionate Whilst the question of recoverable ATE premiums has been the subject of numerous reported decisions, the abolition of recovery of premiums in most cases has changed the landscape. One area where an element of the premium is still recoverable is in clinical negligence matters. The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (No 2) regulations 2013 provided for recovery of that part of the premium in relation to the risk of incurring liability for an expert report or reports on the question of liability and/or causation. With the rule changes only coming into effect in April 2013 and with there inevitably being a

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