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 hourly rates allowed fell within the reasonable band of decisions open to him, and the appeal is dismissed.

Citation
[2018] EWHC 1747 (QB)
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 Hourly Rates, Standard Basis Costs Assessment
Civil Procedure Clinical Negligence Costs Assessment of Costs Reasonableness of Solicitors' Hourly Rates Choice of Solicitor Guideline Hourly 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 Master gave proper weight to relevant and irrelevant factors in determining reasonable hourly rates
  3. 3 Whether inflation and market rates were properly considered

Ratio Decidendi

Although the Master failed to directly address the reasonableness of the claimant's choice of solicitor, the hourly rates allowed fell within the reasonable band of decisions open to him, and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs of the appeal unless written submissions are made within 7 days.