Posted inCosts Issue 13

Third Party Costs Orders and Experts: Order Restored

Miss Martine Robinson v Liverpool University Hospitals NHS Trust v Mr Christopher Mercier [2023] EWHC 21 (KB) Sweeting J in the High Court allowed a medico-legal expert’s appeal against a Third Party Costs Order (“TPCO”) made against him. The TPCO had awarded the Defendant NHS Trust the full sum of…
July 18, 2023Posted inCosts, Issue 13Tags:
Posted inCosts Issue 12

Variable PPOs and No Award of Costs of a PI Trust for a Claimant with Capacity

Celine Martin (formerly known as Vicky Kathleen Higgins) v Salford Royal NHS Foundation Trust [2022] EWHC 532 This is a clinical negligence case arising out of the treatment of the Claimant at Salford Royal Hospital (known as Hope Hospital) in the summer of 2010. The litigation has resulted in three…
May 2, 2023Posted inCosts, Issue 12Tags: ,
Posted inCosts Issue 11

Liability Determination Does Not Automatically Lead to Entitlement to Detailed Assessment

ABA v University Hospitals Coventry and Warwickshire NHS Trust [2022] EWHC B4 This case confirms a point of some significance for Claimant lawyers which must be borne in mind when liability issues are resolved either by judgment or settlement, leaving the quantum of damages to be assessed. The short point…
May 24, 2022Posted inCosts, Issue 11Tags:
Posted inCosts Issue 10

Third Party Costs Orders and Experts

Robinson v Mercier, Liverpool County Court [2021] 9 WLUK 400 The Court made a Third Party Costs Order (“TCPO”), in the sum of £50,543.85, pursuant to Part 46.2 and Part 46.8 CPR 1998 and Section 51 of the Senior Courts Act 1981, against Dr Mercier, General Dental Practitioner.  Dr Mercier…
January 24, 2022Posted inCosts, Issue 10Tags:
Posted inCosts Issue 10

QOCS and Set-Off

Ho v Adelekun [2021] UKSC 43 In a case to which qualified one-way costs shifting (‘QOCS’) applies, can a defendant set-off a costs order in its favour against the claimant’s costs where there is no damages award that the defendant can set-off its costs against? That was the issue which…
January 24, 2022Posted inCosts, Issue 10Tags:
Posted inCosts Inquests Issue 8

Equivocal Admissions and Inquest Costs

Greater Manchester Fire and Rescue Service v Veevers [2020] EWHC 2550 (Comm) An admission of liability before an inquest can have a substantial effect on the recoverability of the family’s inquest costs. An early and full admission may extinguish them entirely. But in the cautionary case of Veevers, the High…
April 15, 2021Posted inCosts, Inquests, Issue 8
Posted inCosts Issue 7

Costs Update

Re PLK [2020] 9 WLUK 364 An end to the 2010 level of costs recovery set by the Guideline Hourly Rates for Costs Review is under way, some comfort in the meantime comes from Master Whalan in the SCCO in Re PLK [2020] 9 WLUK 364. For the past decade…
March 8, 2021Posted inCosts, Issue 7
Posted inCosts Issue 7

Fundamental Dishonesty Removes Costs Protection

David Pegg v (1) David Webb (2) Allianz Insurance PLC [2020] EWHC 2095 (QB) Introduction Martin Spencer J held that a judge had erred in dismissing a personal injury claim but not finding that the Claimant had been fundamentally dishonest and, given the finding of fundamental dishonesty, CPR Rule 44.16…
March 8, 2021Posted inCosts, Issue 7Tags:
Posted inCosts Issue 6

Costs Update

Costs is not always the first thought on a clinical negligence practitioner’s mind, but the first 6 months of this year have been busy with relevant costs decisions. Here are the author’s top 10 useful costs decisions to keep in mind as you plan, practice, and seek to recover /…
September 1, 2020Posted inCosts, Issue 6Tags: ,
Posted inClinical negligence Costs Issue 5

Wasted Costs Arising from an Expert’s Breach of Duty

Thimmaya v Lancashire NHS Foundation Trust [2020] PNLR 12  This article originally appeared in Issue 5 (May 2020). An expert witness had failed to fulfil his duty to the court under CPR 35 to provide competent expert evidence and therefore a wasted costs order was made against him for the…
May 1, 2020Posted inClinical negligence, Costs, Issue 5Tags: 1 Comment