Murray v Oxford University Hospitals NHS Trust [2019] EWHC 539 (QB) (08 March 2019)
The errors in the Bill of Costs did not amount to unreasonable or improper conduct under CPR 44.11, and the ATE insurance premium was reasonable in the absence of evidence to the contrary; the Deputy Master's decisions were not wrong or unjust and should not be interfered with.
- Citation
- [2019] EWHC 539
- Parties
- Claimant/respondent: Richard Murray; Defendant/appellant: Oxford University Hospitals NHS Trust
- Jurisdiction
- England and Wales
- Judgment Date
- 08 March 2019
- Procedural Posture
- Appeal / Judgment on Appeal Against Costs Order
- Outcome
- Appeal dismissed
- Legal Topics
- Mis Certification of Bill of Costs, Sanctions Under CPR 44.11, ATE Insurance Premium, Success Fee Assessment
Case Brief
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Parties
Richard Murray
Claimant/respondent
Oxford University Hospitals NHS Trust
Defendant/appellant
Procedural Posture
Appeal / Judgment on Appeal Against Costs Order
Legal Issues
- 1 Whether mis-certification of the Bill of Costs and errors constituted unreasonable or improper conduct under CPR 44.11
- 2 Whether the ATE insurance premium was disproportionate and unreasonable
Ratio Decidendi
The errors in the Bill of Costs did not amount to unreasonable or improper conduct under CPR 44.11, and the ATE insurance premium was reasonable in the absence of evidence to the contrary; the Deputy Master's decisions were not wrong or unjust and should not be interfered with.
Court Disposition
Appeal dismissed
Orders
- Deputy Master's costs order affirmed
- ATE insurance premium allowed in full
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