XYZ v Various [2015] EWHC 1151 (QB) (08 April 2015)

There is no good reason not to order a payment on account of costs where the claimants' CFAs provide for immediate liability upon interim awards, and the sums claimed, subject to moderation, are reasonable given the scale and complexity of the litigation.

Citation: [2015] EWHC 1151 (QB)
Parties: Claimant: XYZ; Defendant/part 20 Claimant: Transform Medical Group (CS) Limited; Part 20 Defendant: Travelers Insurance Company Limited
Jurisdiction: England and Wales
Judgment Date: 08 April 2015
Procedural Posture: Group Litigation (costs Application) / Interim Costs Assessment Following Adjournment of Trial
Outcome: Interim payment on account of costs ordered
Legal Topics: Interim Payment on Account of Costs, Conditional Fee Agreements, Indemnity Principle, Group Litigation Costs

Civil Procedure Medical Negligence Insurance Law Interim Payment on Account of Costs Conditional Fee Agreements Indemnity Principle Group Litigation Costs

Case Brief

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Parties

XYZ

Claimant

Transform Medical Group (CS) Limited

Defendant/part 20 Claimant

Travelers Insurance Company Limited

Part 20 Defendant

Procedural Posture

Group Litigation (costs Application) / Interim Costs Assessment Following Adjournment of Trial

Legal Issues

1 Whether a payment on account of costs should be ordered where claimants are on conditional fee agreements
2 What constitutes a reasonable sum for interim payment on account of costs in group litigation

Ratio Decidendi

Court Disposition

Interim payment on account of costs ordered

Orders

Travelers and Transform to pay £283,500 on account of costs to the claimants' solicitors within 14 days of agreement or assessment.