Macaulay v Karim & Anor [2022] EWHC 1270 (SCCO) (25 May 2022)

Macaulay v Karim & Anor [2022] EWHC 1270 (SCCO) (25 May 2022)

QOCS applies to the claimant, and neither the sum paid under the Tomlin order nor the interim payment of £250,000 constitute 'orders for damages' for the purposes of CPR 44.14; therefore, the First Defendant cannot enforce its costs order against these sums.

Source-derived case information.

Citation
[2022] EWHC 1270 (SCCO)
Parties
Claimant: Ibiyinka Macaulay; First Defendant: Dr Abdul Karim; Second Defendant: Croydon Health Services NHS Trust
Jurisdiction
England and Wales
Judgment Date
25 May 2022
Procedural Posture
Costs Determination Following Clinical Negligence Proceedings / Judgment on Preliminary Issues Regarding Costs Protection and Enforcement
Outcome
Court proceeds on basis that claimant is entitled to QOCS; no order for damages or interest exists against which First Defendant can enforce its costs order.
Legal Topics
Qualified One Way Costs Shifting (qocs), Legal Aid Costs Protection, Enforcement of Costs Orders, Interim Damages, Tomlin Orders
Civil Procedure Clinical Negligence Costs Qualified One Way Costs Shifting (qocs) Legal Aid Costs Protection Enforcement of Costs Orders Interim Damages Tomlin Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ibiyinka Macaulay

Claimant

Dr Abdul Karim

First Defendant

Croydon Health Services NHS Trust

Second Defendant

Procedural Posture

Costs Determination Following Clinical Negligence Proceedings / Judgment on Preliminary Issues Regarding Costs Protection and Enforcement

Legal Issues

  1. 1 Does QOCS apply to a legally aided claimant?
  2. 2 Are sums paid under a Tomlin order 'damages awarded' for the purposes of costs enforcement?
  3. 3 Does an interim payment of damages count as an 'order for damages' under CPR 44.14?

Ratio Decidendi

QOCS applies to the claimant, and neither the sum paid under the Tomlin order nor the interim payment of £250,000 constitute 'orders for damages' for the purposes of CPR 44.14; therefore, the First Defendant cannot enforce its costs order against these sums.

Court Disposition

Court proceeds on basis that claimant is entitled to QOCS; no order for damages or interest exists against which First Defendant can enforce its costs order.

Orders

  • Parties to make written submissions as to the way forward.