Ballard v Sussex Partnership NHS Foundation Trust

Ballard v Sussex Partnership NHS Foundation Trust

The Appellant is entitled to the full costs of the appeal and the hearing before Judge Simpkiss, as the substantive issue was costs and not interest. An interim payment on account of costs is appropriate, calculated as two-thirds of the adjusted sum between the costs budget and actual costs, less the Respondent's trial costs, resulting in £50,000.

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

Case Brief

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Parties

Gemma Ballard

Claimant/appellant

Sussex Partnership NHS Foundation Trust

Defendant/respondent

Procedural Posture

Civil Appeal / Ruling on Costs After Appeal

Legal Issues

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

Ratio Decidendi

The Appellant is entitled to the full costs of the appeal and the hearing before Judge Simpkiss, as the substantive issue was costs and not interest. An interim payment on account of costs is appropriate, calculated as two-thirds of the adjusted sum between the costs budget and actual costs, less the Respondent's trial costs, resulting in £50,000.

Court Disposition

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

Orders

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