Tranter v Hansons (Wordsley) Ltd  EWHC 90145 (Costs)
The Claimant sustained injury whilst travelling as a passenger on the Defendant’s bus. A CFA was entered into with an ATE insurance premium. In Points of Dispute, the Defendant raised the issue of the enforceability of the CFA with regard to Regulation 4(2)(c) regarding the availability of existing legal expenses cover. Detailed assessment proceedings were commenced and transferred to the SCCO.
It was found that there had been a material breach of Regulation 4(2)(c) as there had been no proper consideration of BTE insurance available under the Defendant’s motor insurance policy which covered passengers. Therefore the Claimant was unable to recover her solicitors’ profit costs from the Defendant because the Claimant was not under any obligation to pay those profit costs to her solicitors.