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@Derek Louw - thanks for the additional detail, I confess I didn't read the judgment.

With a block rated premium there is greater scope to challenge, although the overall level of cover in this case being £100k nullifies any argument about the level of cover to what was actually covered. The use of hindsight seems to me almost always doomed to failure. I think the Court was quite right to find that C's solicitors cannot have been expected to know or foresee the amount of medical evidence required, and although QOWCS reduces the likelihood of Defendant's costs having to be paid in relation to say liability, they might have been payable following say a failure to beat a part 36 offer further down the line. It does appear that on the face of it the premium may have been high, but as others have suggested it is very difficult to prove that without using hindsight, and certainly contemporaneous evidence would be required.

Anonymous at 13:51 - an admirably pragmatic and realistic approach, although I think a proportionality argument on a £10k premium offering £100k of cover in a £200k case would be a very hard sell.