USEFUL CASE LAW
We now have a number of decisions in relation to proportionality, some of which are set out below:
Dr Brian May (1) & Anita May (2) -v- Wavell Group Limited (1) and Dr Bizzari (2)
Claimant’s Appeal on proportionality point was allowed and the sum of £35,000.00 plus VAT was replaced with £75,000.00 plus VAT.
West -v- Stockport NHS Foundation Trust and Demouilpied -v- Stockport NHS Foundation Trust
Court of Appeal considered whether block rated ATE premiums were proportionate and reasonable in low value clinical negligence cases. Premiums allowed in full and guidance provided on how to deal with ATE premiums on assessment.