Jones & Ors v Secretary of State for Energy And Climate Change & Ors [2012] EWHC 3647 (QB) (21 December 2012)

Jones & Ors v Secretary of State for Energy And Climate Change & Ors [2012] EWHC 3647 (QB) (21 December 2012)

The claimants were the successful party in the litigation as a whole and are entitled to their costs, subject to a 20% reduction to reflect the defendants' success on the discrete issues of causation of bladder cancer and basal cell carcinoma. The reduction is assessed broadly, not by time spent at trial. Disclosure of relevant CFA and disbursement funding agreement provisions is ordered, but not of privileged correspondence. The application for interest on disbursements is adjourned for further hearing, with directions for disclosure of particulars of disbursements.

Citation
[2012] EWHC 3647
Parties
Claimant: Jeffrey Jones and Others; First Defendant: The Secretary of State for Energy and Climate Change; Second Defendant: Coal Products Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2012
Procedural Posture
Group Litigation Order (glo) Personal Injury / Post Trial Costs Judgment
Outcome
Defendants to pay 80% of claimants' costs of the action as assessed. Application for interest on disbursements adjourned. Disclosure of relevant CFA and disbursement funding agreement provisions ordered. No order for disclosure of privileged correspondence.
Legal Topics
Costs, Limitation, Causation, Disclosure, Interest on Disbursements
Civil Procedure Personal Injury Group Litigation Costs Limitation Causation Disclosure Interest on Disbursements

Case Brief

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Parties

Jeffrey Jones and Others

Claimant

The Secretary of State for Energy and Climate Change

First Defendant

Coal Products Limited

Second Defendant

Procedural Posture

Group Litigation Order (glo) Personal Injury / Post Trial Costs Judgment

Legal Issues

  1. 1 Whether claimants or defendants were the successful party for costs purposes
  2. 2 Whether claimants' entitlement to costs should be reduced for partial success or failure on certain issues (bladder cancer, skin cancer)
  3. 3 Whether interest on disbursements is payable and under what circumstances

Ratio Decidendi

The claimants were the successful party in the litigation as a whole and are entitled to their costs, subject to a 20% reduction to reflect the defendants' success on the discrete issues of causation of bladder cancer and basal cell carcinoma. The reduction is assessed broadly, not by time spent at trial. Disclosure of relevant CFA and disbursement funding agreement provisions is ordered, but not of privileged correspondence. The application for interest on disbursements is adjourned for further hearing, with directions for disclosure of particulars of disbursements.

Court Disposition

Defendants to pay 80% of claimants' costs of the action as assessed. Application for interest on disbursements adjourned. Disclosure of relevant CFA and disbursement funding agreement provisions ordered. No order for disclosure of privileged correspondence.

Orders

  • Defendants to pay 80% of claimants' costs of the action as assessed.
  • Application for interest on disbursements adjourned to 25 March 2013.