Kutsi v North Middlesex University Hospital NHS Trust, Court of Appeal - Supreme Court Cost Office, December 09, 2008, [2008] EWHC 90119 (Costs)

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Kutsi v North Middlesex University Hospital NHS Trust, Court of Appeal - Supreme Court Cost Office, December 09, 2008, [2008] EWHC 90119 (Costs)

Neutral Citation Number: [2008] EWHC 90119 (Costs)

Case No: HQ 06X01064

IN THE HIGH COURT OF JUSTICE SCCO ref 08.A.1901

SUPREME COURT COSTS OFFICE

Clifford's Inn, Fetter Lane

London, EC4A 1DQ

Date: Tuesday 9 December 2008

Before :

MASTER CAMPBELL

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Between :

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Mr Roger Mallalieu (instructed by Stewarts Law LLP) for the Claimant

Mr Benjamin Williams (instructed by Capsticks) for the Defendant

Hearing dates: 10 November 2008

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Judgment

Master Campbell:

1. This judgment sets out my reasons for dismissing the application of the claimant for relief from sanctions under CPR 3.9. The application notice was issued out of this court on 23 July 2008 and sought an order that the claimant be permitted to recover from the defendant the cost of an insurance premium she had paid in respect of a policy of an insurance taken out on 4 April 2007. The purpose of the policy was to insure against the risk of incurring a costs liability in clinical negligence proceedings the claimant had brought against the Defendant. Contrary to CPR 44.15 and CPR 44.3B, the defendant had not been notified of the existence of the policy until after the claim was settled, as a result of which the claimant needed the court to grant relief from sanctions before she could attempt to recover the premium from the defendant on detailed assessment. Her application was supported by two witness statements made by her legal representative Alexandra Bennett dated 18 September and 5 October 2008 ...

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