News & Resources

High Court Judgment on Pre-LASPO ATE Premium

26th January 2017

On 7 July 2016, Matt Waszak, instructed by Jessica Wilson of A&M Bacon, appeared for the successful appellant in an appeal of a summary assessment of a pre-LASPO ATE premium before Langstaff J in the case of Pollard v University Hospitals of North Midlands NHS Trust.

The ATE policy had been taken out by the claimant to fund a personal injury claim arising from a slipping accident in a hospital car park. Damages had been agreed by the parties in the sum of £3,000. The claimant succeeded in her claim in a fast-track trial before a Recorder in the County Court. During the summary assessment of costs, following the conclusion of trial, the Recorder reduced the premium, which had a £100,000 limit of indemnity from £18,073.02 to £2,500.00. The Recorder approached that reduction in two ways: (i) he considered that the appropriate limit of indemnity for the policy would not have exceeded £15,000; and (ii) he considered that an appropriate premium applicable to £100,000 could be pro-rated down so that the appropriate level of premium for £15,000 was 15 percent of that sum.

The Recorder made the reduction to the premium, based on that approach, without supporting evidence and in the face of evidence which explained in detail the way in which the premium had been calculated. Langstaff J upheld the appeal in relation to the reduction of the premium, holding that the Recorder’s summary assessment amounted to an “error in principle”. Importantly, Langstaff J also held that Rogers v Merthyr Tydfil [2006] EWCA Civ 1134 remained undiminished as the central case in relation to this point (see paragraph 46), and expressed reservations about Foskett J’s judgment in Surrey & Ors v Barnet and Chase Farm Hospitals & Ors [2016] EWHC 1598 (QB) (see paragraphs 40 and 45).

The judgment can be accessed here.

View External Link

Related Barristers

Matthew Waszak

Matthew Waszak
Year of Call: 2012

Close X

TEMPLE GARDEN CHAMBERS is a market leading set with recognised excellence in a myriad of practice areas with awarded leaders in twelve specialist areas. TGC has the privilege of being well placed in the Temple and The Hague with superb facilities.

Currently consisting of 17 silks and 60 juniors with outstanding leadership and a long established clerking team acknowledged for their exceptional client services and business development, we are keen to expand upon our key areas.

To accommodate the growth in our core practice areas we are inviting applications from established practitioners and/or teams to further enhance our excellent reputation in the following fields:

• Personal Injury & Clinical Negligence
• Inquests & Inquiries
• Health & Safety
• Costs & Litigation Funding

TGC is widely recognised for its friendly ethos and its commitment to Equality & Diversity and Wellbeing. We are especially keen to encourage applications from underrepresented groups at the bar – women, people with disabilities, those from ethnic minority groups and members of the LGBTQ+ community.

Applications will be treated with the strictest confidence and should be addressed to the Head of Chambers, Keith Morton QC

In advance of any formal application both Keith Morton QC and Dean Norton (Senior Clerk) would be delighted to have a confidential discussion. To arrange a meeting please contact Dean on 020 7842 8641 or