01 July, 2015
Forbes has successfully challenged an extortionate staged ATE premium at a Detailed Assessment this month. The staged premium was knocked down from £14,747.25 to just £840.
At the Detailed Assessment the DD Judge confirmed that whilst a staged ATE premium was acceptable in principle, a case turned on whether it was reasonable and proportionate to take out a staged premium and in this case given the factors known to the Claimant's Solicitors at the time they entered into the premium he drew the conclusion that a staged premium was not appropriate.
The DD Judge stated that having regard to all the cases and evidence he was satisfied it was neither reasonably proportionate or in the Claimant's best interests to enter into a staged policy. The Judge noted that "Had the Claimant's solicitors assessed the case properly they should have concluded it was in the Claimant's best interest to enter into a single stage ATE Policy at a costs of £800 + IPT = £840".
This is an excellent result and provides further ammunition for defendants challenging excessive staged insurance premiums. It should be noted that the Claimant has since sought permission to appeal following the outcome of the detailed assessment.
For further information on this matter contact Elizabeth Bower.