PROPORTIONALITY SUCCESS

After the event (ATE) insurance is critical to access to justice in clinical negligence claims, the Court of Appeal (CA) has stated. In West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220, the CA considered challenges to the premium charged by insurers ARAG in providing ATE insurance in clinical negligence cases where the premium is large in comparison to the damages recovered. It held that with block-rated policies the amount of the premium bears no relationship to the value of the claim. 17 July 2019

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