Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corporation

VERONIQUE BUEHRLEN Q.C. (Sitting as a Deputy High Court Judge) ____________________

Thomas Roe Q.C. and Katharine Bailey (instructed by JMW Solicitors LLP) for the Claimant Clare Dixon Q.C. (instructed by Eversheds Sutherland (International) LLP) for the Defendant Hearing date: 14 June 2022 ____________________

(i) Firstly , whether the existence of the ATE Policy is sufficient to overcome the fact that without it the Claimant will be unable to pay the Defendant's costs if ordered to do so; if not then the jurisdictional threshold for an order for costs will have been met; and

(ii) Secondly , if the ATE Policy is not sufficient whether, having regard to all the circumstances of the case, it is just to make an order.

(iii) Clause 6.2 of the Policy entitles the Insurer to cancel the ATE Policy with immediate effect from the date of the breach, in the event of a breach of any of the conditions set out at clause 4. Those conditions are extensive. Clause 4.2 imposes an obligation on the Claimant to instruct its Solicitors to act according to a whole series of obligations. There is no evidence that that has been done. Further, by clause 4.3 the Claimant is required: