Jabang v Wadman & Ors

Jabang v Wadman & Ors

The 2nd Defendant must pay all of the Claimant’s costs, including those incurred in claims against the 3rd, 4th, and 5th Defendants, because the claims against the other Defendants were reasonably brought and a Bullock order is appropriate. The unsuccessful claims were minimal in proportion and did not warrant a reduction or issue-based order. The 2nd Defendant must indemnify the Claimant for his liability to pay the costs of the 3rd, 4th, and 5th Defendants.

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 / Decision on Costs After Substantive Judgment
Outcome
Costs awarded; Bullock order granted; indemnity ordered
Legal Topics
Costs, Bullock Order, Indemnity, Vicarious Liability
Civil Procedure Costs Bullock Order Indemnity Vicarious Liability

Case Brief

Summary, issues, holding and outcome

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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 / Decision on Costs After Substantive Judgment

Legal Issues

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

Ratio Decidendi

The 2nd Defendant must pay all of the Claimant’s costs, including those incurred in claims against the 3rd, 4th, and 5th Defendants, because the claims against the other Defendants were reasonably brought and a Bullock order is appropriate. The unsuccessful claims were minimal in proportion and did not warrant a reduction or issue-based order. The 2nd Defendant must indemnify the Claimant for his liability to pay the costs of the 3rd, 4th, and 5th Defendants.

Court Disposition

Costs awarded; Bullock order granted; indemnity ordered

Orders

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