What does Insurance premium mean? In legal practice, an insurance premium is the price paid (or contractually payable) to an insurer in return for cover under an insurance policy. In litigation it commonly means the after-the-event (ATE) insurance premium: the amount due for a policy that protects a party against adverse costs and, sometimes, own disbursements or fees if the claim is unsuccessful. ATE premiums are often staged, or deferred and contingent on success. “Premium” is a descriptive term used across insurance and civil procedure; statutes and case law generally treat it as the consideration for cover rather than provide an exhaustive definition. Recoverability in costs: -...
Read More
An insurance premium is the amount paid for insurance or reinsurance protection and is the consideration the (re)insured gives in return for the (re)insurer’s contractual undertaking to indemnify it for risks set out in the policy. premium funds are used by (re)insurers mainly to:
For more on IPT, see Practice Note: tax.
Underwriters and actuaries determine the premium in line with their assessment of risk, and the method varies by class of business. Life and health pricing is largely a mathematical exercise performed by actuaries using extensive longevity and morbidity data, reflecting current and long-term inflation and expected investment returns. Some general lines, such as motor, can also be priced on this basis where there is a sufficiently broad statistical data set and a large enough volume of policies written on comparable terms to set rates accordingly...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...