Michael Briley & Ors v Leicester Partnership NHS Trust & Ors

Michael Briley & Ors v Leicester Partnership NHS Trust & Ors

It was objectively reasonable for the Claimants to instruct Bhatt Murphy, a specialist London firm, given the complexity and specialist nature of the case involving Human Rights and Equality Act claims. The hourly rates claimed, including £350/hour for the Grade A fee earner, were reasonable and proportionate in the circumstances. The pre-Inquest review costs were of significant use and benefit in the civil claim, both in respect of disclosure and the issues to be determined, and are in principle recoverable. The costs claimed are not disproportionate given the importance and complexity of the case, and the conduct of the Defendants.

Parties
First Claimant: Michael Briley; Second Claimant: Jacqueline Briley; Third Claimant: Simon Briley; First Defendant: Leicester Partnership NHS Trust; Second Defendant: University Hospitals Leicester NHS Trust; Third Defendant: East Leicestershire and Rutland Clinical Commissioning Group
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Costs Assessment Following Settlement of Civil Claim for Damages and Declaratory Relief After Death in State Care / Costs Assessment Hearing and Ruling
Outcome
Claimants succeed on the preliminary issues; costs claimed for pre-Inquest reviews and hourly rates allowed as claimed.
Legal Topics
Recoverability of Pre Inquest Costs, Reasonableness of Hourly Rates, Proportionality of Costs, Choice of Solicitor, Human Rights Act Claims, Equality Act Claims, Negligence, Fatal Accidents Act Claims
Civil Procedure Costs Law Human Rights Law Medical Law Disability Law Recoverability of Pre Inquest Costs Reasonableness of Hourly Rates Proportionality of Costs +5 more

Case Brief

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Parties

Michael Briley

First Claimant

Jacqueline Briley

Second Claimant

Simon Briley

Third Claimant

Leicester Partnership NHS Trust

First Defendant

University Hospitals Leicester NHS Trust

Second Defendant

East Leicestershire and Rutland Clinical Commissioning Group

Third Defendant

Procedural Posture

Costs Assessment Following Settlement of Civil Claim for Damages and Declaratory Relief After Death in State Care / Costs Assessment Hearing and Ruling

Legal Issues

  1. 1 Whether pre-Inquest review costs are recoverable as costs of and incidental to the civil claim
  2. 2 Whether the hourly rates claimed by the Claimants' solicitors are reasonable and proportionate
  3. 3 Whether the choice of a London-based specialist firm was objectively reasonable for Leicester-based claimants

Ratio Decidendi

It was objectively reasonable for the Claimants to instruct Bhatt Murphy, a specialist London firm, given the complexity and specialist nature of the case involving Human Rights and Equality Act claims. The hourly rates claimed, including £350/hour for the Grade A fee earner, were reasonable and proportionate in the circumstances. The pre-Inquest review costs were of significant use and benefit in the civil claim, both in respect of disclosure and the issues to be determined, and are in principle recoverable. The costs claimed are not disproportionate given the importance and complexity of the case, and the conduct of the Defendants.

Court Disposition

Claimants succeed on the preliminary issues; costs claimed for pre-Inquest reviews and hourly rates allowed as claimed.

Orders

  • It is reasonable and proportionate for the Claimants to recover the costs of preparation for and attendance at pre-Inquest review hearings.
  • The hourly rates claimed by the Claimants' solicitors and costs consultant are allowed as claimed.