In the first reported appeal of its kind, Paul Hughes has succeeded on first appeal in overturning a refusal to allow an ATE premium in low value child/protected party case.
In X (by way of litigation friend) v H&M Hennes and another  Lexis Citation 102 (HHJ Lethem, Central London County Court 21 April 2022), HHJ Lethem tackled a point he described as being of general importance, in overturning a District Judge’s decision to refuse a litigation friend’s application for the deduction from a Claimant’s damages of an amount due in respect of an ATE premium taken out to protect against adverse costs and own disbursements.
HHJ Lethem’s key findings were that:
The appeal is likely to provide reassurance to Claimant firms who have, hitherto, been subject to a variety of different decisions on this issue which, although individually of low value, has wider ramifications in practices specialising in personal injury involving children and protected parties.
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