Report comment

Recoverability of ATE should never have been abolished - certainly not in non-PI cases. All that was needed was a bit of common sense in assessing premiums as in Kelly vs Black Horse. Jackson not only tilted everything too far in favour of defendants he also completely ignored the indemnity principal. Example - client seeking damages from a business who had a machine part fail and fly out of the factory and through the wall of his house. Cost of repair £7k, cost of ATE if it went to court £12k due to multiple defendants denying liability and thats without taking into consideration the success fee - how is that justice?