Manning & Anor v King's College Hospital NHS Trust

Manning & Anor v King's College Hospital NHS Trust

A 25% reduction in claimants’ costs of assessment for both bills is appropriate to reflect limited prejudice to defendants and claimants’ failure to comply with rules; claimants entitled to costs of appeal and cross-appeal, with 10% deduction for costs relating to fresh evidence application, which is not recoverable.

Parties
Claimant/appellant: Nicholas Andrew Manning; Claimant/appellant: Michael John Beggs; Defendant/respondent: King’s College Hospital NHS Trust
Jurisdiction
England and Wales
Judgment Date
21 November 2011
Procedural Posture
Appeal / Post Judgment, Costs Determination
Outcome
Appeal allowed; cross-appeal dismissed; orders varied.
Legal Topics
Relief From Sanctions, Detailed Assessment of Costs, Offers to Settle, Conduct of Parties, Indemnity Costs, Assessment of Additional Liabilities
Civil Procedure Costs Relief From Sanctions Detailed Assessment of Costs Offers to Settle Conduct of Parties Indemnity Costs Assessment of Additional Liabilities

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Parties

Nicholas Andrew Manning

Claimant/appellant

Michael John Beggs

Claimant/appellant

King’s College Hospital NHS Trust

Defendant/respondent

Procedural Posture

Appeal / Post Judgment, Costs Determination

Legal Issues

  1. 1 Whether a costs sanction is appropriate for late application for relief from sanctions
  2. 2 Extent of prejudice suffered by defendants due to claimants’ delay
  3. 3 Proper assessment of costs in light of offers and conduct

Ratio Decidendi

A 25% reduction in claimants’ costs of assessment for both bills is appropriate to reflect limited prejudice to defendants and claimants’ failure to comply with rules; claimants entitled to costs of appeal and cross-appeal, with 10% deduction for costs relating to fresh evidence application, which is not recoverable.

Court Disposition

Appeal allowed; cross-appeal dismissed; orders varied.

Orders

  • Relief from sanctions granted for 17 month period; additional liabilities recoverable.
  • Claimants to recover 75% of assessed costs of both High Court and Court of Appeal bills.