The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings Regulations 2013

The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings Regulations 2013have been laid before parliament and come into force on 1 April 2013.

The Regulations limit the recoverability of insurance premiums between the parties to clinical negligence proceedings only, to the extent that they relate to the costs of obtaining expert evidence on liability and causation. The amount of any premium recoverable by way of a costs order will be limited to that part of the premium “which insures against the risk of incurring liability to pay for one or more expert reports in connection with the proceedings” save to the extent that:

(a) the report was not in the event obtained;

(b) the report did not relate to liability or causation; or

(c) the cost of the report is not allowed under the costs order.

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