Havenga v Gateshead NHS Foundation Trust [2014] EWHC B25 (QB) (26 November 2014)

The District Judge's revised costs budget was within the range of reasonable and proportionate discretion; the reductions did not exceed the wide ambit of discretion afforded in case management decisions.

Citation: [2014] EWHC B25 (QB)
Parties: Claimant/appellant: Oliver Havenga (A Child Suing by his Litigation Friend and Mother Julie Havenga); Defendant/respondent: Gateshead NHS Foundation Trust; Defendant/respondent: South Tyneside Hospitals NHS Trust
Jurisdiction: England and Wales
Judgment Date: 26 November 2014
Procedural Posture: Appeal (costs Management) / Judgment on Appeal Against Costs Management Order
Outcome: Appeal dismissed
Legal Topics: Costs Management, Case Management Discretion, Reasonableness and Proportionality of Costs, Expert Evidence

Civil Procedure Medical Negligence Costs Management Case Management Discretion Reasonableness and Proportionality of Costs Expert Evidence

Case Brief

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Parties

Oliver Havenga (A Child Suing by his Litigation Friend and Mother Julie Havenga)

Claimant/appellant

Gateshead NHS Foundation Trust

Defendant/respondent

South Tyneside Hospitals NHS Trust

Defendant/respondent

Procedural Posture

Appeal (costs Management) / Judgment on Appeal Against Costs Management Order

Legal Issues

1 Whether District Judge exceeded discretion in reducing costs budget
2 Reasonableness and proportionality of revised costs budget
3 Appropriate allocation of solicitor and expert costs

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appeal against costs management order dismissed
Counsel to agree order in relation to costs of appeal