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 group litigation 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 funding agreements is ordered only as to relevant clauses relating to disbursements and interest. The application for interest on disbursements is adjourned for further hearing, with directions for disclosure of executed agreements and particulars of disbursements.

Citation
[2012] EWHC 3647 (QB)
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; further directions for disclosure and adjournment of interest application.
Legal Topics
Costs, Limitation, Causation, Disclosure, Interest on Disbursements
Civil Procedure Personal Injury Group Litigation Costs Limitation Causation Disclosure Interest on Disbursements

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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 Determination of successful party for costs purposes in group litigation
  2. 2 Whether costs should be reduced for partial success or failure on discrete issues
  3. 3 Entitlement to interest on disbursements paid by solicitors

Ratio Decidendi

The claimants were the successful party in the group litigation 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 funding agreements is ordered only as to relevant clauses relating to disbursements and interest. The application for interest on disbursements is adjourned for further hearing, with directions for disclosure of executed agreements and particulars of disbursements.

Court Disposition

Defendants to pay 80% of claimants' costs of the action as assessed; further directions for disclosure and adjournment of interest application.

Orders

  • Defendants to pay 80% of claimants' costs of the action as assessed.
  • Claimants to disclose relevant clauses of CFAs and executed disbursement funding agreements for four lead claimants.