EPX (A Child) v Milton Keynes University Hospital NHS Trust

EPX (A Child) v Milton Keynes University Hospital NHS Trust

The Master was entitled to find, based on contemporaneous documentation, that the overwhelming reason for the change in funding was the refusal of the LSC to increase the costs limitation, not the risk of losing funding after defence. The switch to CFA plus ATE was not justified by the reasons advanced. Quantum reports were not authorised by the legal aid certificate and obtaining them at that stage was not reasonable. The additional liabilities are not recoverable.

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 / Judgment on Appeal Against Costs Order
Outcome
Appeal dismissed
Legal Topics
Recoverability of Additional Liabilities, Legal Aid Funding, Conditional Fee Agreements (cfa), After the Event (ate) Insurance, Quantum Evidence, Costs Assessment
Civil Procedure Costs Recoverability of Additional Liabilities Legal Aid Funding Conditional Fee Agreements (cfa) After the Event (ate) Insurance Quantum Evidence 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 / Judgment on Appeal Against Costs Order

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 to change funding from legal aid to CFA plus ATE before receipt of the defence
  3. 3 Whether it was reasonable to obtain quantum reports prior to issue of proceedings

Ratio Decidendi

The Master was entitled to find, based on contemporaneous documentation, that the overwhelming reason for the change in funding was the refusal of the LSC to increase the costs limitation, not the risk of losing funding after defence. The switch to CFA plus ATE was not justified by the reasons advanced. Quantum reports were not authorised by the legal aid certificate and obtaining them at that stage was not reasonable. The additional liabilities are not recoverable.

Court Disposition

Appeal dismissed

Orders

  • The Claimant’s additional liabilities (success fee and ATE premium) are not recoverable from the Defendant.
  • No need to address further matters as appeal is dismissed.