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Re The Claims Direct test cases [2003] EWCA Civ 136

28 February 2003

Insurance - Personal Injury - Test Cases - Claims Direct Protect Scheme - Unsuccessful appeal from judgement for each claimant in respect of recoverable premium in sum of £621.13 inclusive of insurance premium tax - Money claimant paid for right to be included within scheme was not premium within meaning of Access to Justice Act 1999, s 29 - Sum of calculated by master reasonable - Sum calculated by claimant not reasonable Claims Direct (‘CD’) was a claims management company handling services to claimants with personal injury claims. In 1999, CD introduced a new scheme moving from a 30 per cent contingency fee basis to an insurance-backed model. A prospective claimant was provided with a leaflet which set out an offer made by the claimant, for CD to take on the claim in return for the payment of a ‘premium’ of £1,312.50 for a CD litigation protection insurance policy. The claimant signed a consumer credit agreement with a bank under which he would borrow the premium of £...

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