Costs – Assessment. It was still permissible for ATE insurance to be taken out as soon as a claimant entered into a CFA and the new test, including the provisions about proportionality, applied to post-April 2013 clinical negligence claims. In deciding two appeals, the Court of Appeal, Civil Division further held that it could not be right to say that the recovery of ATE insurance premiums under The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (No 2) Regulations 2013, was not subject to the CPR at all.