Cashman v Mid Essex Hospital Services NHS Trust [2015] EWHC 1312 (QB) (11 May 2015)

Cashman v Mid Essex Hospital Services NHS Trust [2015] EWHC 1312 (QB) (11 May 2015)

The Master erred in refusing the additional amount under CPR 36.14(3)(d) based solely on the reduction in the bill of costs; the correct approach is to consider all relevant circumstances as required by CPR 36.14(4), and in this case, it was not unjust to make the award. The appeal is allowed and the Claimant is entitled to the additional amount.

Citation
[2015] EWHC 1312
Parties
Appellant / Claimant: Michael Richard Cashman; Respondent / Defendant: Mid Essex Hospital Services NHS Trust
Jurisdiction
England and Wales
Judgment Date
11 May 2015
Procedural Posture
Appeal From Costs Order (detailed Assessment) / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
CPR 36.14(3)(d) Additional Amount, Part 36 Offers, Detailed Assessment of Costs, Clinical Negligence
Civil Procedure Costs CPR 36.14(3)(d) Additional Amount Part 36 Offers Detailed Assessment of Costs Clinical Negligence

Case Brief

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Parties

Michael Richard Cashman

Appellant / Claimant

Mid Essex Hospital Services NHS Trust

Respondent / Defendant

Procedural Posture

Appeal From Costs Order (detailed Assessment) / Appeal Judgment

Legal Issues

  1. 1 Whether it was unjust to refuse an additional amount under CPR 36.14(3)(d) on detailed assessment of costs
  2. 2 Proper application of CPR 36.14(3)(d) in costs proceedings

Ratio Decidendi

The Master erred in refusing the additional amount under CPR 36.14(3)(d) based solely on the reduction in the bill of costs; the correct approach is to consider all relevant circumstances as required by CPR 36.14(4), and in this case, it was not unjust to make the award. The appeal is allowed and the Claimant is entitled to the additional amount.

Court Disposition

Appeal allowed

Orders

  • Claimant entitled to additional award under CPR 36.14(3)(d) calculated as 10% of assessed costs