Concern over recoverability of ATE insurance in clinical negligence cases

The Statutory Instruments Joint Committee have reported The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings Regulations 2013 for appearing to be “..of doubtful vires and (to the extent that the vires exist) making an unexpected use of the power under which they were made.” The Report concludes that…

“…the wording of section 58C(2) [of the Courts and Legal Services Act 1990] at least arguably requires any regulations under that section to relate only to specified descriptions of proceedings and policies. Even if that view is found to be stricter than justified, the wording of the Explanatory Notes appears to create a clear expectation that coverage of the Regulations in respect of proceedings will be less than comprehensive.”

A response is awaited. 

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