Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792 (21 June 2017)

Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792 (21 June 2017)

CPR 3.18(b) requires that a costs judge may only depart from an approved or agreed costs budget on detailed assessment if satisfied there is good reason to do so, regardless of whether the departure is upwards or downwards. Incurred costs are not covered by the 'good reason' requirement and are to be assessed in the usual way. For transitional proportionality provisions, a case is commenced when the claim form is issued by the court.

Citation
[2017] EWCA Civ 792
Parties
Respondent/claimant: Jacqueline Dawn Harrison; Appellant/defendant: University Hospitals Coventry & Warwickshire NHS Trust
Jurisdiction
England and Wales
Judgment Date
21 June 2017
Procedural Posture
Appeal From Detailed Assessment of Costs in Clinical Negligence Proceedings / Court of Appeal Judgment
Outcome
Appeal dismissed on first ground, allowed on second and third grounds; matter remitted for further assessment.
Legal Topics
Costs Budgeting, Detailed Assessment, Costs Management Order, Proportionality, Interpretation of CPR 3.18, Incurred Costs Vs Budgeted Costs
Civil Procedure Costs Costs Budgeting Detailed Assessment Costs Management Order Proportionality Interpretation of CPR 3.18 Incurred Costs Vs Budgeted Costs

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Parties

Jacqueline Dawn Harrison

Respondent/claimant

University Hospitals Coventry & Warwickshire NHS Trust

Appellant/defendant

Procedural Posture

Appeal From Detailed Assessment of Costs in Clinical Negligence Proceedings / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a costs judge on detailed assessment may depart from an approved/agreed costs budget without 'good reason' under CPR 3.18(b)
  2. 2 Whether the same 'good reason' requirement applies to incurred costs (pre-budget)
  3. 3 When a case is 'commenced' for the purposes of CPR 44.3(7) transitional provisions

Ratio Decidendi

CPR 3.18(b) requires that a costs judge may only depart from an approved or agreed costs budget on detailed assessment if satisfied there is good reason to do so, regardless of whether the departure is upwards or downwards. Incurred costs are not covered by the 'good reason' requirement and are to be assessed in the usual way. For transitional proportionality provisions, a case is commenced when the claim form is issued by the court.

Court Disposition

Appeal dismissed on first ground, allowed on second and third grounds; matter remitted for further assessment.

Orders

  • Remit to costs judge for further assessment on basis that 'good reason' is required to depart from budgeted costs but not incurred costs; proportionality provisions of CPR 44.3(2)(a) and (5) apply.