“…In particular, we do not agree with the suggestion of Foskett J in Surrey v Barnet and Chase Farm Hospitals NHS Trust [2016] EWHC 1598 (QB), [2018] 1WLR 499, at paragraph 116, that Rogers is in some way out of date, and that costs judges can consider ATE insurance premiums by engaging in a robust a…”
“…nding under a conditional fee agreement (a “CFA”) supplemented by a self-funding after the event insurance policy (“ATE insurance”). The judge’s judgment is at [2016] EWHC 1598 (QB); [2018] 1 WLR 499. Since all these appeals are second appeals, our primary focus must be on the decisions at first instance.…”