Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 527 (QB) (15 March 2018)

Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 527 (QB) (15 March 2018)

The Claimant is entitled to the costs of the appeal and the hearing before Judge Simpkiss in full, as the substantive issue was costs and not interest. An interim payment of £50,000 is appropriate, calculated as two-thirds of the adjusted sum after deducting the Respondent's trial costs.

Citation
[2018] EWHC 527
Parties
Claimant/appellant: Gemma Ballard; Defendant/respondent: Sussex Partnership NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
15 March 2018
Procedural Posture
Appeal / Ruling on Costs After Appeal
Outcome
Claimant awarded costs of appeal and hearing; interim payment on account of costs ordered.
Legal Topics
Costs, Interim Payments, Assessment of Costs
Civil Procedure Costs Interim Payments Assessment of Costs

Case Brief

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Parties

Gemma Ballard

Claimant/appellant

Sussex Partnership NHS Foundation Trust

Defendant/respondent

Procedural Posture

Appeal / Ruling on Costs After Appeal

Legal Issues

  1. 1 Entitlement to costs of appeal
  2. 2 Entitlement to costs of hearing before Judge Simpkiss
  3. 3 Appropriate amount for interim payment on account of costs

Ratio Decidendi

The Claimant is entitled to the costs of the appeal and the hearing before Judge Simpkiss in full, as the substantive issue was costs and not interest. An interim payment of £50,000 is appropriate, calculated as two-thirds of the adjusted sum after deducting the Respondent's trial costs.

Court Disposition

Claimant awarded costs of appeal and hearing; interim payment on account of costs ordered.

Orders

  • Claimant to have costs of the appeal assessed on the standard basis if not agreed.
  • Claimant to have costs of the hearing before Judge Simpkiss.