Oral Contraceptive Group Litigation XYZ & Ors v Schering Health Care Ltd & Ors [2004] EWHC 823 (QB) (31 March 2004)

Oral Contraceptive Group Litigation XYZ & Ors v Schering Health Care Ltd & Ors [2004] EWHC 823 (QB) (31 March 2004)

Fees for meetings with experts and case management conference after delivery of the brief are not recoverable as separate items but are included in the brief fee; the costs judge erred in reducing the brief fee to £199,500, as the appropriate figure was £250,000 less an accepted deduction of £500, given the exceptional complexity and demands of the case.

Citation
[2004] EWHC 823 (QB)
Parties
Claimants: XYZ & Others; Defendants: Schering Health Care Limited & Others
Jurisdiction
England and Wales
Judgment Date
31 March 2004
Procedural Posture
Appeal (costs Assessment) / Judgment on Appeal From Costs Judge
Outcome
Appeal allowed in part
Legal Topics
Assessment of Counsel's Fees, Legal Aid Costs, Group Litigation, Brief Fee Calculation
Civil Procedure Costs Medical Negligence Assessment of Counsel's Fees Legal Aid Costs Group Litigation Brief Fee Calculation

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Parties

XYZ & Others

Claimants

Schering Health Care Limited & Others

Defendants

Procedural Posture

Appeal (costs Assessment) / Judgment on Appeal From Costs Judge

Legal Issues

  1. 1 Whether additional fees for meetings with experts and case management conference after delivery of brief are recoverable as separate items or included in brief fee
  2. 2 Whether the costs judge erred in reducing the brief fee for leading counsel from £250,000 to £199,500

Ratio Decidendi

Fees for meetings with experts and case management conference after delivery of the brief are not recoverable as separate items but are included in the brief fee; the costs judge erred in reducing the brief fee to £199,500, as the appropriate figure was £250,000 less an accepted deduction of £500, given the exceptional complexity and demands of the case.

Court Disposition

Appeal allowed in part

Orders

  • Brief fee for leading counsel assessed at £249,500 (i.e., £250,000 less £500 deduction)
  • No separate fees allowed for meetings with experts or case management conference after delivery of brief