Published June 7, 2012 by Cost Lawyer
Our Legal costs draftsmen are bemused as to the endless examples of cases, which despite the facts of the case indicating the contrary, end up classified as road traffic accidents.
The cases in point being Whittle & Blackburn – v – First West Yorkshire (2009) pleaded as employer liability cases and more recently Schneider – v – Door2Door PTS (2011) issued as a Public Liability claim but when the issue of costs arose all fell within the definition of an RTA.
As purchasers of after the event Insurance, Claimant Solicitors must now exercise caution when applying for such policies. The costs of a policy to cover a PL or EL claim can be substantially more expensive than a policy in respect of an RTA.
A policy purchased in good faith, based on the facts and submitted to the underwriters prior to inception are, on assessment, being reduced because the facts of the case are now interpreted to fit the definition laid down in CPR Part 45.7(4)(a). As a result the full costs of the premium are now deemed unreasonable and therefore, at least in part, not recoverable. Schneider – v – Door2Door PTS Legal costs draftsmen