06 February 2015
McGraddie v McGraddie and another [2015] UKSC 1, [2015] All ER (D) 208 (Jan)
Following his successful appeal (see [2013] All ER (D) 384 (Jul)), the claimant sought an order that the Scottish Legal Aid Board (the Board) pay his expenses, including his after the event insurance (ATE) premium. The Supreme Court held that, absent agreement or a specific statutory sanction to the contrary, a successful party to litigation could not recover an ATE premium, however reasonably incurred, as part of his costs or expenses of legal proceedings. Accordingly, the claimant would be awarded his expenses of the appeals to the Extra Division of the Inner House and to the court against the Board, but not the ATE premium.
