Jones & Ors v Secretary of State for Energy And Climate Change & Ors

Jones & Ors v Secretary of State for Energy And Climate Change & Ors

The claimants were the overall successful party in the group litigation and are entitled to their costs, subject to a 20% reduction to reflect their failure on the discrete issues of causation of bladder cancer and basal cell carcinoma. The reduction is justified by the significance and costs of those issues. Interest on disbursements and related disclosure are deferred to a future hearing, with limited disclosure of relevant CFA and funding agreement provisions ordered.

Parties
Claimants: 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 (costs Ruling) / Post Trial Costs Determination
Outcome
Claimants awarded 80% of their assessed costs; further directions on interest and disclosure ordered.
Legal Topics
Costs, Limitation, Causation, Breach of Duty, Interest on Disbursements, Disclosure, Conditional Fee Agreements
Civil Procedure Personal Injury Group Litigation Costs Limitation Causation Breach of Duty Interest on Disbursements +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jeffrey Jones and Others

Claimants

The Secretary of State for Energy and Climate Change

First Defendant

Coal Products Limited

Second Defendant

Procedural Posture

Group Litigation (costs Ruling) / Post Trial Costs Determination

Legal Issues

  1. 1 Who is the successful party for the purposes of costs in group litigation?
  2. 2 Should the claimants' entitlement to costs be reduced due to partial success or failure on certain issues?
  3. 3 Should interest on disbursements be awarded from the date of payment by solicitors?

Ratio Decidendi

The claimants were the overall successful party in the group litigation and are entitled to their costs, subject to a 20% reduction to reflect their failure on the discrete issues of causation of bladder cancer and basal cell carcinoma. The reduction is justified by the significance and costs of those issues. Interest on disbursements and related disclosure are deferred to a future hearing, with limited disclosure of relevant CFA and funding agreement provisions ordered.

Court Disposition

Claimants awarded 80% of their assessed costs; further directions on interest and disclosure ordered.

Orders

  • Defendants to pay 80% of claimants’ costs of the action as assessed.
  • Interest on costs and disbursements to be determined at a future hearing.