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Civil Litigation Section

Court of Appeal allows ATE recovery for cases settled early

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Claimants should be able to take out – and subsequently recover – insurance premiums as soon as they enter a conditional fee agreement, the Court of Appeal has ruled.

In Peterborough & Stamford Hospitals NHS Trust v McMenemy & Ors, Lord Justice Lewison rejected challenges from NHS trusts in two cases grouped together to test the principle of recoverability of after-the-event insurance premiums.

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