Ibiyinka Macaulay v Abdul Karmin & Anor.

Ibiyinka Macaulay v Abdul Karmin & Anor.

QOCS applies to the Claimant, a legally aided party, as there is no rule excluding such claimants. Sums paid under a Tomlin order and interim damages do not constitute 'orders for damages' for the purposes of enforcing a costs order under CPR 44.14.

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 / Preliminary Hearing on Costs Issues
Outcome
No enforcement of costs order against damages or interest; further submissions invited.
Legal Topics
Qualified One Way Costs Shifting (qocs), Legal Aid Costs Protection, Enforcement of Costs Orders, Interim Damages, Tomlin Orders
Civil Procedure Costs Qualified One Way Costs Shifting (qocs) Legal Aid Costs Protection Enforcement of Costs Orders Interim Damages Tomlin Orders

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Parties

Ibiyinka Macaulay

Claimant

Dr Abdul Karim

First Defendant

Croydon Health Services NHS Trust

Second Defendant

Procedural Posture

Costs Determination / Preliminary Hearing on Costs Issues

Legal Issues

  1. 1 Does QOCS apply to a legally aided claimant?
  2. 2 Does a Tomlin order constitute 'damages awarded' for the purposes of enforcing a costs order?
  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, a legally aided party, as there is no rule excluding such claimants. Sums paid under a Tomlin order and interim damages do not constitute 'orders for damages' for the purposes of enforcing a costs order under CPR 44.14.

Court Disposition

No enforcement of costs order against damages or interest; further submissions invited.

Orders

  • The court will proceed on the basis that the Claimant is entitled to QOCS and that no order for damages or interest has been made against which the First Defendant can enforce its costs order.
  • Parties to make submissions in writing as to the way forward.