Jabang v Wadman & Ors [2017] EWHC 1993 (QB) (31 July 2017)

Jabang v Wadman & Ors [2017] EWHC 1993 (QB) (31 July 2017)

The 2nd Defendant must pay all of the Claimant's costs, including indemnifying him for costs owed to the 3rd, 4th, and 5th Defendants, as the claims against those Defendants were reasonably brought and the unsuccessful issues occupied a minimal proportion of the case.

Citation
[2017] EWHC 1993 (QB)
Parties
Claimant: Pa Abubacarr Jabang; 2nd Defendant: Dr Simon Wadman; 3rd Defendant: Dr Andrew Pool; 4th Defendant: East Sussex NHS Trust; 5th Defendant: Dr Yvonne Underhill
Jurisdiction
England and Wales
Judgment Date
31 July 2017
Procedural Posture
Civil Medical Negligence / Post Trial Costs Determination
Outcome
Costs order in favour of Claimant against 2nd Defendant; Bullock order granted.
Legal Topics
Costs, Bullock Order, Indemnity, Vicarious Liability
Civil Procedure Medical Negligence Costs Bullock Order Indemnity Vicarious Liability

Case Brief

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Parties

Pa Abubacarr Jabang

Claimant

Dr Simon Wadman

2nd Defendant

Dr Andrew Pool

3rd Defendant

East Sussex NHS Trust

4th Defendant

Dr Yvonne Underhill

5th Defendant

Procedural Posture

Civil Medical Negligence / Post Trial Costs Determination

Legal Issues

  1. 1 Whether the 2nd Defendant should pay all Claimant's costs or a proportion
  2. 2 Whether a Bullock order should indemnify Claimant for costs owed to 3rd, 4th, and 5th Defendants
  3. 3 Whether Claimant can recover his own costs for unsuccessful claims against 3rd and 4th Defendants

Ratio Decidendi

The 2nd Defendant must pay all of the Claimant's costs, including indemnifying him for costs owed to the 3rd, 4th, and 5th Defendants, as the claims against those Defendants were reasonably brought and the unsuccessful issues occupied a minimal proportion of the case.

Court Disposition

Costs order in favour of Claimant against 2nd Defendant; Bullock order granted.

Orders

  • 2nd Defendant to pay all Claimant's costs as assessed or agreed.
  • Claimant to pay costs of 3rd, 4th, and 5th Defendants.