Changes to CPR affecting costs & the recovery of ATE
From 01/10/2009 CPR 44.3 has been amended to include CPR 44.3B and 44.12B
CPR 44.3B
If you have an ATE policy and wish to recover the premium as costs you must within 7 days of issue of the policy put the Defendant on notice of the policy and advise them of the indemnity limit and if it is a staged premium you must advise the Defendant of the various stages when the premium increases. NB you do not need to tell them what the premium costs.
FAILURE TO DO SO WILL RESULT IN THE PREMIUM BEING DISALLOWED ON ASSESMENT.
The change will apply to any ATE policy purchased from 1 October 2009 onwards and any CFA signed from today onwards. Under the amended rules you must provide the Defendant with details of any ATE policy you purchase. You must give the Defendant details of the insurer's name and address; the policy certificate number and date; the level of cover; and you must state whether the premium is fixed or staged. If staged you must indicate the stages at which additional premiums are due. In addition if you have entered into a Conditional Fee Agreement you must tell the Defendant the date of it and whether it provides for a success fee.
CPR PART 44.3B [and see also Para. 19.2 and 19.4[3] of the Practice Direction [Pre-Action Conduct]] now requires you to give this information as soon as possible and at the latest either:
[a] in your first letter of claim or if this has already been sent then:
[b] within 7 days of the date on which the certificate is issued.
The courts also have a new form (N251) "Notice of funding" which can be downloaded here