EPX (A Child) v Milton Keynes University Hospital NHS Trust [2019] EWHC 1508 (QB) (14 June 2019)

EPX (A Child) v Milton Keynes University Hospital NHS Trust [2019] EWHC 1508 (QB) (14 June 2019)

The additional liabilities (success fee and ATE premium) were not recoverable because the switch from legal aid to CFA/ATE funding was not justified by the reasons advanced; the primary reason was the refusal of the LSC to increase the costs limitation, not the risk of funding withdrawal after Defence or the change in recoverability regime. The costs of quantum experts were not covered by the legal aid certificate and were not reasonably incurred at that stage.

Citation
[2019] EWHC 1508 (QB)
Parties
Appellant/claimant: EPX (A Child Proceeding by Her Mother & Litigation Friend PPX); Respondent/defendant: Milton Keynes University Hospital NHS Trust
Jurisdiction
England and Wales
Judgment Date
14 June 2019
Procedural Posture
Appeal (costs) / Appeal From Senior Courts Costs Office Decision
Outcome
Appeal dismissed
Legal Topics
Recoverability of Additional Liabilities, Legal Aid Funding, Conditional Fee Agreements (cfa), After the Event (ate) Insurance, Costs Assessment
Civil Procedure Costs Recoverability of Additional Liabilities Legal Aid Funding Conditional Fee Agreements (cfa) After the Event (ate) Insurance Costs Assessment

Case Brief

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Parties

EPX (A Child Proceeding by Her Mother & Litigation Friend PPX)

Appellant/claimant

Milton Keynes University Hospital NHS Trust

Respondent/defendant

Procedural Posture

Appeal (costs) / Appeal From Senior Courts Costs Office Decision

Legal Issues

  1. 1 Whether the Claimant's additional liabilities (success fee and ATE premium) are recoverable from the Defendant
  2. 2 Whether it was reasonable for the Claimant's solicitors to switch from legal aid to CFA/ATE funding before receipt of the Defence
  3. 3 Whether it was reasonable to incur costs on quantum experts prior to issue of proceedings

Ratio Decidendi

The additional liabilities (success fee and ATE premium) were not recoverable because the switch from legal aid to CFA/ATE funding was not justified by the reasons advanced; the primary reason was the refusal of the LSC to increase the costs limitation, not the risk of funding withdrawal after Defence or the change in recoverability regime. The costs of quantum experts were not covered by the legal aid certificate and were not reasonably incurred at that stage.

Court Disposition

Appeal dismissed

Orders

  • Additional liabilities (success fee and ATE premium) are not recoverable from the Defendant
  • No order as to other matters not necessary for decision