AKC v Barking, Havering & Redbridge University Hospitals NHS Trust

AKC v Barking, Havering & Redbridge University Hospitals NHS Trust

An electronic bill of costs must include the name, SCCO grade, and, where relevant, the status of each fee earner, except possibly for outsourced agency work. A paper bill must state any professional qualification and, unless the SCCO grade is given, the years of post-qualification experience for each fee earner relied upon. The omission of such information renders the bill non-compliant with Practice Direction 47. Provision of information outside the bill does not cure the deficiency if the bill itself remains opaque. The appropriate sanction for non-compliance may include striking out the bill and requiring a compliant replacement.

Parties
Claimant/appellant: AKC (Protected party by her mother and litigation friend MCK); Defendant/respondent: Barking, Havering & Redbridge University Hospitals NHS Trust
Jurisdiction
England and Wales
Judgment Date
10 May 2022
Procedural Posture
Civil Appeal / Appeal From High Court (queen’s Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Detailed Assessment of Costs, Requirements for Bills of Costs, Practice Direction 47, Electronic Bills of Costs, Paper Bills of Costs
Civil Procedure Costs Detailed Assessment of Costs Requirements for Bills of Costs Practice Direction 47 Electronic Bills of Costs Paper Bills of Costs

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Parties

AKC (Protected party by her mother and litigation friend MCK)

Claimant/appellant

Barking, Havering & Redbridge University Hospitals NHS Trust

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen’s Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether a bill of costs must name each fee earner and specify their SCCO grade and status
  2. 2 Whether the omission of such information renders a bill non-compliant with Practice Direction 47
  3. 3 Whether the provision of information outside the bill (e.g., in replies or Part 18 responses) cures deficiencies in the bill

Ratio Decidendi

An electronic bill of costs must include the name, SCCO grade, and, where relevant, the status of each fee earner, except possibly for outsourced agency work. A paper bill must state any professional qualification and, unless the SCCO grade is given, the years of post-qualification experience for each fee earner relied upon. The omission of such information renders the bill non-compliant with Practice Direction 47. Provision of information outside the bill does not cure the deficiency if the bill itself remains opaque. The appropriate sanction for non-compliance may include striking out the bill and requiring a compliant replacement.

Court Disposition

Appeal dismissed

Orders

  • Existing bill of costs struck out
  • Appellant to serve a replacement bill compliant with the Civil Procedure Rules