In the recent case of Brown v JMW Solicitors LLP [2022], Costs Judge Rowley refused to make an Order compelling the defendant solicitors to respond to a Part 18 request in relation to an After the Event insurance premium purchased on the claimant’s behalf.

By way of background, this case concerned the defendant who acted on behalf of the claimant in a previous personal injury claim.    An ATE policy had been taken out in the sum of £644.00 on behalf of the claimant.  Following the settlement of his claim the claimant sought an assessment of the costs he was due to pay the defendant.

Check My Legal Fees instructed by the claimant, sought to challenge the ATE premium saying that the insurance arrangements in place were “less than clear” and that JMW’s refusal to provide a copy of the policy had left them no option but to serve a Part 18 request to ascertain who the insurer was and to effectively find out whether any commission had been paid.

Costs Judge Rowley found that a party asking questions concerning ATE premiums in Solicitors Act 1974 detailed assessment proceedings under CPR r18, is not entitled to answers where that party provides no evidence in support of the dispute and went on to describe the request as being akin to  a “fishing expedition”.

Judge Rowley commented further that in the absence of an unsuccessful approach to bodies such as the Solicitors Regulation Authority or the Legal Ombudsman he did not accept the claimant’s argument that he had no option but allow a Part request to obtain information about the ATE policy.

CPR 18 can be a helpful tool in forcing disclosure of information and documentation from a non-forthcoming party.  However, a Part 18 request may be objectionable on the grounds that it is a ‘fishing’ request especially where a party does not have evidence supporting its statement of case.

This decision highlights how requests for further information need to be supported by evidence and is a reminder that the test is one of relevance, reasonableness and proportionality.

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Here at Box Legal we have been offering after the event legal expense insurance since 2004 and have a wealth of experience. We have competitively priced ATE insurance policies available for all types of personal injury claims and can also arrange legal expense insurance cover for non-personal injury claims such as housing disrepair and financial mis-selling.

The number and variety of cases we arrange cover for is always increasing and so please contact us to discuss any after the event insurance requirements. We are happy to discuss and develop ATE insurance for case types we do not already insure.

If you would like to speak to us or obtain further information then please call on 0870 766 997, or email info@boxlegal.co.uk