Murray v Oxford University Hospitals NHS Trust [2019] EWHC 539 (QB) (08 March 2019)

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

  1. 1 Whether mis-certification of the Bill of Costs and errors constituted unreasonable or improper conduct under CPR 44.11
  2. 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