AB v Mid Cheshire Hospitals NHS Foundation Trust

AB v Mid Cheshire Hospitals NHS Foundation Trust

The Regional Costs Judge was entitled to find that the additional liabilities were reasonably incurred due to the need to instruct further experts in a complex dispute on causation, and that the failure to advise on Simmons v Castle uplift or potential additional liabilities did not render the decision to change funding unreasonable given the prospects of success and the critical need for expert evidence.

Parties
Claimant/respondent: AB (a protected party by his mother and litigation friend YZ); Defendant/appellant: Mid Cheshire Hospitals NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
16 July 2019
Procedural Posture
Appeal / Judgment on Appeal From Regional Costs Judge
Outcome
Appeal dismissed
Legal Topics
Recoverability of Additional Liabilities, Conditional Fee Agreements, Legal Aid, Expert Witness Fees, Simmons V Castle Uplift
Civil Procedure Costs Recoverability of Additional Liabilities Conditional Fee Agreements Legal Aid Expert Witness Fees Simmons V Castle Uplift

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Parties

AB (a protected party by his mother and litigation friend YZ)

Claimant/respondent

Mid Cheshire Hospitals NHS Foundation Trust

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Regional Costs Judge

Legal Issues

  1. 1 Whether additional liabilities (success fee and insurance premium) were reasonably incurred
  2. 2 Whether the decision to switch from legal aid to CFA was reasonable
  3. 3 Impact of failure to advise on Simmons v Castle uplift

Ratio Decidendi

The Regional Costs Judge was entitled to find that the additional liabilities were reasonably incurred due to the need to instruct further experts in a complex dispute on causation, and that the failure to advise on Simmons v Castle uplift or potential additional liabilities did not render the decision to change funding unreasonable given the prospects of success and the critical need for expert evidence.

Court Disposition

Appeal dismissed

Orders

  • AB awarded costs of the appeal, base costs summarily assessed at £10,000 for solicitors and £9,280 for other costs plus VAT.
  • Issue of success fee referred to Regional Costs Judge for assessment.