Hickman v Lapthorn [2006] EWHC 12 (QB) (17 January 2006)

Hickman v Lapthorn [2006] EWHC 12 (QB) (17 January 2006)

The claimant is entitled to his costs as the successful party, subject to deductions for specific expert reports and care evidence; the second defendant's refusal to mediate or negotiate was not unreasonable given their assessment of the case, and does not justify a departure from the usual costs apportionment between defendants.

Citation
[2006] EWHC 12 (QB)
Parties
Claimant: Maurice Joseph Hickman; First Defendant: Blake Lapthorn; Second Defendant: David Fisher
Jurisdiction
England and Wales
Judgment Date
17 January 2006
Procedural Posture
Professional Negligence / Post Trial Costs Judgment
Outcome
Judgment for the claimant on costs, with specific deductions and apportionment between defendants.
Legal Topics
Costs, Settlement, Mediation, Solicitor Negligence, Counsel Negligence
Civil Procedure Professional Negligence Costs Settlement Mediation Solicitor Negligence Counsel Negligence

Case Brief

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Parties

Maurice Joseph Hickman

Claimant

Blake Lapthorn

First Defendant

David Fisher

Second Defendant

Procedural Posture

Professional Negligence / Post Trial Costs Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to costs as the successful party
  2. 2 Whether the defendants' refusal to mediate or negotiate should affect costs liability
  3. 3 How costs should be apportioned between the defendants

Ratio Decidendi

The claimant is entitled to his costs as the successful party, subject to deductions for specific expert reports and care evidence; the second defendant's refusal to mediate or negotiate was not unreasonable given their assessment of the case, and does not justify a departure from the usual costs apportionment between defendants.

Court Disposition

Judgment for the claimant on costs, with specific deductions and apportionment between defendants.

Orders

  • Claimant to recover costs from defendants, except three quarters of Dr Herbert's report costs and costs of Mrs Sheard's reports and associated joint report/meeting.
  • Defendants to pay claimant's costs apportioned one third to first defendant, two thirds to second defendant.