Merrix v Heart of England NHS Foundation Trust [2016] EWHC B28 (QB) (13 October 2016)

Merrix v Heart of England NHS Foundation Trust [2016] EWHC B28 (QB) (13 October 2016)

The powers and discretion of a costs judge on detailed assessment are not fettered by the costs budgeting regime, save that budgeted figures should not be exceeded unless good reason is shown. The approved or agreed budget is a strong guide but does not fix the recoverable costs; detailed assessment remains necessary to determine reasonableness and proportionality.

Citation
[2016] EWHC B28
Parties
Receiving Party: Claimant; Paying Party: Defendants
Jurisdiction
England and Wales
Judgment Date
13 October 2016
Procedural Posture
Clinical Negligence Costs Assessment / Preliminary Issue in Detailed Assessment of Costs
Outcome
Preliminary issue determined: costs judge's discretion not fettered by costs budgeting regime except that budgeted figures should not be exceeded without good reason.
Legal Topics
Costs Budgeting, Detailed Assessment, CPR Part 3, CPR Part 44, CPR Part 47, Proportionality, Case Management
Civil Procedure Costs Law Costs Budgeting Detailed Assessment CPR Part 3 CPR Part 44 CPR Part 47 Proportionality +1 more

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Parties

Claimant

Receiving Party

Defendants

Paying Party

Procedural Posture

Clinical Negligence Costs Assessment / Preliminary Issue in Detailed Assessment of Costs

Legal Issues

  1. 1 To what extent does the costs budgeting regime under CPR Part 3 fetter the powers and discretion of the costs judge at a detailed assessment of costs under CPR Part 47?

Ratio Decidendi

The powers and discretion of a costs judge on detailed assessment are not fettered by the costs budgeting regime, save that budgeted figures should not be exceeded unless good reason is shown. The approved or agreed budget is a strong guide but does not fix the recoverable costs; detailed assessment remains necessary to determine reasonableness and proportionality.

Court Disposition

Preliminary issue determined: costs judge's discretion not fettered by costs budgeting regime except that budgeted figures should not be exceeded without good reason.