JXA v Kettering General Hospital NHS Foundation Trust
The Master erred by not directly addressing whether the claimant's choice of solicitor was objectively reasonable, but the hourly rates allowed fell within the reasonable band of decisions open to him. The appeal is dismissed as the outcome would not have changed.
- Parties
- Claimant/appellant: JXA (by his Mother and Litigation Friend VLA); Defendant/respondent: Kettering General Hospital NHS Foundation Trust
- Jurisdiction
- England and Wales
- Judgment Date
- 09 July 2018
- Procedural Posture
- Appeal (costs Assessment) / Judgment on Appeal From Senior Costs Office
- Outcome
- Appeal dismissed
- Legal Topics
- Assessment of Costs, Reasonableness of Solicitor's Fees, Clinical Negligence
Case Brief
Summary, issues, holding and outcome
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Parties
JXA (by his Mother and Litigation Friend VLA)
Claimant/appellant
Kettering General Hospital NHS Foundation Trust
Defendant/respondent
Procedural Posture
Appeal (costs Assessment) / Judgment on Appeal From Senior Costs Office
Legal Issues
- 1 Whether the Master applied the correct test in assessing the reasonableness of the claimant's choice of solicitor and the hourly rates claimed
- 2 Whether the hourly rates claimed by the claimant's solicitors were reasonable
Ratio Decidendi
The Master erred by not directly addressing whether the claimant's choice of solicitor was objectively reasonable, but the hourly rates allowed fell within the reasonable band of decisions open to him. The appeal is dismissed as the outcome would not have changed.
Court Disposition
Appeal dismissed
Orders
- No order as to costs unless written submissions are made within 7 days
Full Case Text
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