Shaw v Medtronic Corevalve LLC & Ors [2017] EWHC 1646 (QB) (05 July 2017)

Shaw v Medtronic Corevalve LLC & Ors [2017] EWHC 1646 (QB) (05 July 2017)

The appropriate order is that costs should be assessed on the standard basis, as the conduct and nature of the claims, while unusual and close to meriting indemnity costs, do not justify departing from the standard basis in all the circumstances.

Citation
[2017] EWHC 1646 (QB)
Parties
Claimant: Gabriele Shaw; First Defendant: Medtronic Corevalve LLC; Second Defendant: Jean Claude Laborde; Third Defendant: Medtronic Inc; Fourth Defendant: Medtronic Limited; Fifth Defendant: Medtronic PLC
Jurisdiction
England and Wales
Judgment Date
05 July 2017
Procedural Posture
Civil / Costs Assessment Following Discontinuance and Strike Out
Outcome
Costs to be assessed on the standard basis.
Legal Topics
Costs Assessment, Indemnity Costs, Standard Costs, Pre Action Protocol, Strike Out, Discontinuance
Civil Procedure Costs Assessment Indemnity Costs Standard Costs Pre Action Protocol Strike Out Discontinuance

Case Brief

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Parties

Gabriele Shaw

Claimant

Medtronic Corevalve LLC

First Defendant

Jean Claude Laborde

Second Defendant

Medtronic Inc

Third Defendant

Medtronic Limited

Fourth Defendant

Medtronic PLC

Fifth Defendant

Procedural Posture

Civil / Costs Assessment Following Discontinuance and Strike Out

Legal Issues

  1. 1 Whether costs should be assessed on the indemnity basis or standard basis
  2. 2 Relevance of pre-action protocol compliance
  3. 3 Nature and conduct of claims and amendments

Ratio Decidendi

The appropriate order is that costs should be assessed on the standard basis, as the conduct and nature of the claims, while unusual and close to meriting indemnity costs, do not justify departing from the standard basis in all the circumstances.

Court Disposition

Costs to be assessed on the standard basis.

Orders

  • Claimant to pay the costs of all five defendants.
  • Costs to be assessed on the standard basis.