- ATE policy information not obtainable under Part 18 in Solicitors Act assessment (Wayne Raubenheimer v Slater & Gordon UK Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The claimant was refused its application to compel the defendant to answer a Part 18 request for further information in relation to an after-the-event (ATE) policy, including the policy documents. The ATE premium is a cash account item and not a disbursement. The solicitor is simply paying this on the client’s behalf and therefore such an item cannot be challenged via a Solicitors Act 1974 (SA 1974) assessment. It followed that the Part 18 request was not suitable for these proceedings. Written by Nicholas Lee, costs lawyer and mediator at Paragon Costs Solutions.
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