Council for the Regulation of Healthcare Professionals, R (on the application of) v Health Professions Council & Anor

Council for the Regulation of Healthcare Professionals, R (on the application of) v Health Professions Council & Anor

The first respondent is responsible for the error made by its disciplinary committee, did not concede the appeal until 5th September 2005, and proceedings were necessary to obtain a consent order. The failure to send a letter before action does not justify depriving the claimant of costs. The costs claimed should be reduced by £1,500 for specific items found excessive, and the first respondent should pay the claimant's costs up to 5th September 2005, plus the costs of the hearing, to be assessed if not agreed.

Parties
Claimant: Council for the Regulation of Healthcare Professionals; 1st Defendant: Health Professions Council; 2nd Defendant: Simon Harrison
Jurisdiction
England and Wales
Judgment Date
30 March 2006
Procedural Posture
Judicial Review / Statutory Appeal (costs Application) / Post Judgment Costs Determination
Outcome
Costs application allowed in part; costs summarily assessed and ordered against first respondent.
Legal Topics
Costs Orders, Disciplinary Proceedings, Statutory Appeals, Consent Orders
Administrative Law Professional Regulation Costs Costs Orders Disciplinary Proceedings Statutory Appeals Consent Orders

Case Brief

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Parties

Council for the Regulation of Healthcare Professionals

Claimant

Health Professions Council

1st Defendant

Simon Harrison

2nd Defendant

Procedural Posture

Judicial Review / Statutory Appeal (costs Application) / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the first respondent should pay the claimant's costs up to 5th September 2005
  2. 2 Whether failure to send a letter before action should affect costs
  3. 3 Appropriate quantum and assessment of costs

Ratio Decidendi

The first respondent is responsible for the error made by its disciplinary committee, did not concede the appeal until 5th September 2005, and proceedings were necessary to obtain a consent order. The failure to send a letter before action does not justify depriving the claimant of costs. The costs claimed should be reduced by £1,500 for specific items found excessive, and the first respondent should pay the claimant's costs up to 5th September 2005, plus the costs of the hearing, to be assessed if not agreed.

Court Disposition

Costs application allowed in part; costs summarily assessed and ordered against first respondent.

Orders

  • First respondent to pay claimant's costs up to 5th September 2005, summarily assessed at £13,703.28.
  • First respondent to pay claimant's costs of the hearing, to be assessed on the standard basis if not agreed.