Higgs v Camden & Islington Health Authority

Higgs v Camden & Islington Health Authority

The costs judge’s decision to allow hourly rates of £300 for the partner and £350 for leading counsel was not wrong, given the exceptional complexity and demands of the case; proper delegation was exercised, and the discretion of the costs judge should not be interfered with.

Parties
Claimant/respondent: Leo Roland Higgs (a child suing by his mother and Litigation Friend, Marcia Higgs); Defendant/appellant: Camden & Islington Health Authority
Jurisdiction
England and Wales
Judgment Date
16 January 2003
Procedural Posture
Appeal / Judgment on Appeal From Costs Judge
Outcome
Appeal dismissed
Legal Topics
Assessment of Costs, Solicitor Hourly Rates, Delegation of Work, Counsel Fees

Case Brief

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Parties

Leo Roland Higgs (a child suing by his mother and Litigation Friend, Marcia Higgs)

Claimant/respondent

Camden & Islington Health Authority

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Costs Judge

  1. 1 Whether the hourly rate of £300 for the claimant’s solicitor was reasonable
  2. 2 Whether the degree of delegation by the partner was appropriate
  3. 3 Whether the hourly rate of £350 for leading counsel was justified

Ratio Decidendi

The costs judge’s decision to allow hourly rates of £300 for the partner and £350 for leading counsel was not wrong, given the exceptional complexity and demands of the case; proper delegation was exercised, and the discretion of the costs judge should not be interfered with.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the costs judge’s assessment stands.