In re Claims Direct Test Cases: CA 12 Feb 2003

The parties sought repayment as part of their costs of insurance premiums paid by claimants undertaking litigation.
Held: The underwriters charged andpound;140.00 for each case. Claims Direct charged a premium of andpound;1,250.00 for each case, and out of which they paid the underwriters. The underwriters would not insure unless appropriate arrangements were in place for management of the cases, and they were not in a position themselve sto provide that support. Nevertheless, it had not been the intention of Parliament to overload the recoverable premium with such additional costs. Some of the additional elements might be recoverable by the solicitors conducting the cases, but not otherwise.


Lord Justice Laws, Lord Justice Brooke, Sir Anthony Evans


Times 18-Feb-2003, [2003] EWCA Civ 136, [2003] Lloyd’s Rep IR 677, [2003] 2 All ER (Comm) 788, [2003] 4 All ER 508, [2003] PIQR P31, [2003] 2 Costs LR 254




Access to Justice Act 1999 29


England and Wales


Appeal fromClaims Direct Test Cases SCCO 19-Jul-2002
. .
CitedCallery v Gray (No 2) CA 31-Jul-2001
A plaintiff could recover the costs of insuring himself against the risk of having to pay the other sides costs, and finding his own costs irrecoverable (after the event or ATE insurance). The earlier case had decided that such premiums may be . .
CitedStreet v Mountford HL 6-Mar-1985
When a licence is really a tenancy
The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted.
Held: . .

Cited by:

CitedCoventry and Others v Lawrence and Another SC 22-Jul-2015
The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been . .
Lists of cited by and citing cases may be incomplete.


Updated: 07 June 2022; Ref: scu.179039