Briley & Ors v Leicester Partnership NHS Trust & Ors [2023] EWHC 1470 (SCCO) (21 September 2020)

Briley & Ors v Leicester Partnership NHS Trust & Ors [2023] EWHC 1470 (SCCO) (21 September 2020)

Pre-Inquest review costs are recoverable to the extent they were of use and service to the civil claim, relevant to issues in the proceedings, and attributable to defendants' conduct. The instruction of specialist London solicitors was objectively reasonable given the circumstances and expertise required. Enhanced hourly rates are justified for the principal fee earner due to complexity, importance, and specialist knowledge, but not for Grade D fee earners. Costs must be proportionate to the value and complexity of the claim.

Citation
[2023] EWHC 1470 (SCCO)
Parties
First Claimant: Michael Briley; Second Claimant: Jacqueline Briley; Third Claimant: Simon Briley; First Defendant: Leicester Partnership NHS Trust; Second Defendant: University Hospitals Leicester NHS Trust; Third Defendant: East Leicestershire and Rutland Clinical Commissioning Group
Jurisdiction
England and Wales
Judgment Date
21 September 2020
Procedural Posture
Costs Assessment Following Settlement of Clinical Negligence and Human Rights Claim / Costs Judgment After Settlement, Pre Inquest Review Hearings
Outcome
Costs partly allowed; enhanced hourly rates for principal solicitor approved, pre-Inquest review costs recoverable in part, costs for Grade D fee earners limited to GHR.
Legal Topics
Fatal Accidents, Negligence, Mental Health, Equality Act, Human Rights Act, Costs Recovery, Proportionality, Guideline Hourly Rates
Clinical Negligence Human Rights Costs Law Fatal Accidents Negligence Mental Health Equality Act Human Rights Act +3 more

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Parties

Michael Briley

First Claimant

Jacqueline Briley

Second Claimant

Simon Briley

Third Claimant

Leicester Partnership NHS Trust

First Defendant

University Hospitals Leicester NHS Trust

Second Defendant

East Leicestershire and Rutland Clinical Commissioning Group

Third Defendant

Procedural Posture

Costs Assessment Following Settlement of Clinical Negligence and Human Rights Claim / Costs Judgment After Settlement, Pre Inquest Review Hearings

Legal Issues

  1. 1 Recoverability of pre-Inquest review costs in civil proceedings
  2. 2 Reasonableness of instructing London solicitors for Leicester-based claimants
  3. 3 Appropriate hourly rates for solicitors and fee earners

Ratio Decidendi

Pre-Inquest review costs are recoverable to the extent they were of use and service to the civil claim, relevant to issues in the proceedings, and attributable to defendants' conduct. The instruction of specialist London solicitors was objectively reasonable given the circumstances and expertise required. Enhanced hourly rates are justified for the principal fee earner due to complexity, importance, and specialist knowledge, but not for Grade D fee earners. Costs must be proportionate to the value and complexity of the claim.

Court Disposition

Costs partly allowed; enhanced hourly rates for principal solicitor approved, pre-Inquest review costs recoverable in part, costs for Grade D fee earners limited to GHR.

Orders

  • Claimants awarded costs at enhanced hourly rates for principal fee earner.
  • Pre-Inquest review costs allowed where relevant to civil claim.