Should insurers still pay success fees and ATE premiums after Coventry v Lawrence?

Is the unexpected judgment of the Supreme Court in Coventry v Lawrence (No 2) from 23rdJuly, saying that the pre-LASPO regime involving recovery of success fees and ATE premiums from defendants may breach the European Convention on Human Rights, of significance to insurers? Or will it become just a footnote in history as we move completely to the post-LASPO world? Whatever the answer to those questions, what if anything should be done about the position in the meantime when insurers are dealing with costs claims which include recoverable success fees and ATE premiums in pre-LASPO retainer cases?

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This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

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Simon Denyer


I am the Strategic Legal Development Partner within the Insurance team.