ATE Premiums cannot be challenged in a Solicitors Act Assessment

By Sean Linley, Costs Draftsman 

In Raubenheimer v Slater & Gordon UK Ltd [2021] EWHC B12 (Costs) (18 June 2021), Costs Judge Rowley stated: "Given my finding that the cash account is no more than a ledger which needs calculating at the conclusion of the case and the Court of Appeal's decision that the ATE premium should not be in the solicitor's invoice, there is simply no room for the court in a Solicitors Act assessment to consider the composition of the premium." 

He did, however, acknowledge that the Claimant had "sufficient evidence with which to bring separate proceedings and which would require the defendant to set out its case as to why the claimant is wrong." 

The Claimant should not be criticised for bringing other proceedings, he said. 

Click here to read more on the ruling.