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Wigg & Co - After the Event Insurance

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A premium for after the event insurance, taken out shortly before an appeal, covering the costs of the appeal and the costs of the trial at first instance is not recoverable in full.

Hawksford Trustees Jersey Ltd (Trustee of the Bald Eagle Trust) v Stella Global UK Ltd [2012] EWCA Civ 987

A trial and an appeal from that trial were separate proceedings for the purpose of the Access to Justice Act 1999 s.29. Therefore a premium for after the event insurance, taken out shortly before an appeal, covering the costs of the appeal and the costs of the trial at first instance, was not recoverable in full.

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