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Ireland v Norfolk and Norwich Healthcare NHS Trust, County Court, 8 April 2003

12 June 2003
The issues

Costs – Insurance Policy – Insurance Premium – whether recoverable.

The facts

The Claimant had a claim for personal injuries against his employer. An admission of liability had been made by the Defendant. The Claimant had subsequently taken out an ATE Policy. The Defendant disputed its liability. The Claimant argued that the Defendant could always withdraw its admission of liability and that there was always a risk as to costs. The Claimant relied on Callery -v- Gray and argued that where liability had been accepted from the outset, it would generally be disproportionate and unreasonable to take out an ATE Policy.

The decision

There were no particular circumstances in this case where liability or causation could be in issue. There was no dispute leading there to be any risk in this case which would require an insurance premium. The Premium would be disallowed.

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