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Legal and insurance costs in a settlement agreement were employment income of police officer

By Mark McLaughlin, February 2021

Sums paid by the Metropolitan Police in respect of legal fees and insurance as part of a settlement agreement following a legal dispute concerning overtime payments represented employment income of a police officer.   

The appellant, a police officer with the Metropolitan Police Service (‘the MET’), and a number of other officers brought a group litigation action against the MET for alleged unpaid overtime and failure to pay certain other allowances. 

The action was settled and, as part of the settlement agreement, certain amounts were paid to the appellant (and the other officers) relating to certain legal expenses of the claimants and the cost of insurance against a possible liability to legal costs of the MET should the claim fail.

To fund the legal proceedings against the MET, the claimants entered into a damages-based agreement with solicitors and counsel, which provided for legal representation in return for&

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