Harrison v University Hospitals Coventry & Warwickshire NHS Trust

Harrison v University Hospitals Coventry & Warwickshire NHS Trust

A costs judge is precluded from departing from an approved or agreed costs budget on detailed assessment unless satisfied there is good reason to do so; incurred costs prior to the budget are not subject to this restriction and are to be assessed conventionally; a case is commenced when the claim form is issued by the court for the purposes of transitional proportionality provisions.

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
Civil Appeal / Appeal From Detailed Costs Assessment
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, Commencement of Proceedings
Civil Procedure Costs Costs Budgeting Detailed Assessment Costs Management Order Proportionality Commencement of Proceedings

Case Brief

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Parties

Jacqueline Dawn Harrison

Respondent/claimant

University Hospitals Coventry & Warwickshire NHS Trust

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From Detailed Costs Assessment

Legal Issues

  1. 1 Whether a costs judge can depart from an approved costs budget on detailed assessment without good reason
  2. 2 Whether incurred costs prior to the budget require good reason to depart from the amount put forward at the costs management hearing
  3. 3 When a case is considered 'commenced' for transitional proportionality provisions

Ratio Decidendi

A costs judge is precluded from departing from an approved or agreed costs budget on detailed assessment unless satisfied there is good reason to do so; incurred costs prior to the budget are not subject to this restriction and are to be assessed conventionally; a case is commenced when the claim form is issued by the court for the purposes of transitional proportionality provisions.

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 the basis that incurred costs are to be assessed conventionally and proportionality provisions of CPR 44.3(2)(a) and (5) apply.