Hickman v Lapthorn

Hickman v Lapthorn

The claimant is entitled to costs as the successful party, subject to specific exclusions for certain expert reports. The second defendant's refusal to mediate or negotiate was not unreasonable given their assessment of the case, so no special costs order is made against them. Costs between defendants are apportioned as liability was apportioned.

Parties
Claimant: Maurice Joseph Hickman; First Defendant: Blake Lapthorn; Second Defendant: David Fisher
Jurisdiction
England and Wales
Judgment Date
17 January 2006
Procedural Posture
Civil Professional Negligence / Post Trial, Costs Determination
Outcome
Judgment for the claimant on costs, with specific exclusions and apportionment between defendants.
Legal Topics
Costs, Settlement, Mediation, Apportionment of Liability
Civil Procedure Professional Negligence Costs Settlement Mediation Apportionment of Liability

Case Brief

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Parties

Maurice Joseph Hickman

Claimant

Blake Lapthorn

First Defendant

David Fisher

Second Defendant

Procedural Posture

Civil Professional Negligence / Post Trial, Costs Determination

Legal Issues

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

Ratio Decidendi

The claimant is entitled to costs as the successful party, subject to specific exclusions for certain expert reports. The second defendant's refusal to mediate or negotiate was not unreasonable given their assessment of the case, so no special costs order is made against them. Costs between defendants are apportioned as liability was apportioned.

Court Disposition

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

Orders

  • Claimant awarded costs except for three quarters of Dr Herbert's report costs and costs of Mrs Gough's reports; costs of Mrs Sheard's reports not recoverable from defendants; costs of joint care expert report not recoverable from defendants; costs between defendants apportioned one third to first defendant and two...