JXA v Kettering General Hospital NHS Foundation Trust [2018] EWHC 1747 (QB) (09 July 2018)

JXA v Kettering General Hospital NHS Foundation Trust [2018] EWHC 1747 (QB) (09 July 2018)

Although the Master failed to directly address the reasonableness of the claimant's choice of solicitor, the rates he allowed fell within the reasonable band of decisions open to him based on the evidence and his experience. The appeal is dismissed as the rates set by the Master are appropriate.

Citation
[2018] EWHC 1747
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 From Costs Assessment in Clinical Negligence Proceedings / High Court, Queen's Bench Division, on Appeal From Senior Costs Office
Outcome
Appeal dismissed
Legal Topics
Assessment of Costs, Reasonableness of Solicitors' Hourly Rates, Choice of Solicitor, Guideline Rates, Standard Basis Costs Assessment
Civil Procedure Clinical Negligence Costs Assessment of Costs Reasonableness of Solicitors' Hourly Rates Choice of Solicitor Guideline Rates Standard Basis Costs Assessment

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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 From Costs Assessment in Clinical Negligence Proceedings / High Court, Queen's Bench Division, on Appeal From Senior Costs Office

Legal Issues

  1. 1 Whether the Master applied the correct test in assessing the reasonableness of the claimant's choice of solicitor and hourly rates
  2. 2 Whether the hourly rates claimed by the claimant's solicitors were reasonable in the circumstances

Ratio Decidendi

Although the Master failed to directly address the reasonableness of the claimant's choice of solicitor, the rates he allowed fell within the reasonable band of decisions open to him based on the evidence and his experience. The appeal is dismissed as the rates set by the Master are appropriate.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs unless written submissions are made within 7 days; otherwise, final order is no order as to costs.