Claims for Additional Liabilities

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A couple of recently reported cases are of interest in relation to claims for success fees and ATE insurance premiums:

• In Peacock v MGN Ltd the Court considered the reasonableness of a staged success fee and the Judgment gives a very useful summary of the relevant law and authorities. Although the case related to a libel action the Judgment has a wider significance in relation to staged success fees in general.
• If a paying party is disputing the level of your ATE insurance premium then it is worth considering Kris Motor Spares Ltd v Fox Williams LLP in which the Court indicated that where an issue is raised as to the size of the premium there is an evidential burden on the paying party to advance at least some material in support of the contention that the premium is unreasonable.

If you would like a word about this, or indeed about any other costs issue, please don't hesitate to contact me.

Andrew Neat

A Neat Legal Services
Law Costs Draftsmen and Costs Consultants.