Malmsten v Bohinc [2019] EWHC 1386 (Ch)

ATE insurance: Recoverable premiums and proportionality

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Nick McDonnell outlines the Court of Appeal’s ruling on the recoverability of block-rated ATE premiums in low-value clinical negligence cases ‘The Court of Appeal, in exploring the law and practice of such a premium’s proportionality, sought also, for the first time, to provide general guidance on the post-April proportionality test on costs.’ The 17 July …

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Costs: Cool calculations

Martyn Griffiths reports on a recent decision on proportionality ‘The judge warned against adopting too client-centric an approach to proportionality, finding that it is necessary to give “due weight” to costs figures which have been professionally compiled.’ In Malmsten v Bohinc [2019] Marcus Smith J addressed the approach to be taken by a judge when …

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