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 appeal was dismissed because the Master correctly found, based on contemporaneous evidence, that the overwhelming reason for the change in funding was the refusal of the LSC to increase the costs limitation, not concerns about withdrawal of funding or insurability. The Master was entitled to find that neither reason justified the change in funding, and quantum reports were not authorised by the certificate. The decision was within the ambit of reasonable decisions open to the judge.

Citation
[2019] EWHC 1508
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 From Senior Courts Costs Office (costs Judge) / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Recoverability of Additional Liabilities, Legal Aid Funding, Conditional Fee Agreements (cfa), After the Event (ate) Insurance, Reasonableness of Costs, Quantum Evidence
Civil Procedure Costs Law Clinical Negligence Recoverability of Additional Liabilities Legal Aid Funding Conditional Fee Agreements (cfa) After the Event (ate) Insurance Reasonableness of Costs +1 more

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 From Senior Courts Costs Office (costs Judge) / Judgment on Appeal

Legal Issues

  1. 1 Whether the Claimant's additional liabilities (success fee and ATE premium) are recoverable from the Defendant
  2. 2 Whether the change from legal aid to CFA/ATE funding was reasonable
  3. 3 Whether obtaining quantum reports prior to issue of proceedings was reasonable

Ratio Decidendi

The appeal was dismissed because the Master correctly found, based on contemporaneous evidence, that the overwhelming reason for the change in funding was the refusal of the LSC to increase the costs limitation, not concerns about withdrawal of funding or insurability. The Master was entitled to find that neither reason justified the change in funding, and quantum reports were not authorised by the certificate. The decision was within the ambit of reasonable decisions open to the judge.

Court Disposition

Appeal dismissed

Orders

  • Additional liabilities (success fee and ATE premium) are not recoverable from the Defendant
  • No need to address further matters as appeal is dismissed