Council for the Regulation of Healthcare Professionals, R (on the application of) v Health Professions Council & Anor [2006] EWHC 890 (Admin) (30 March 2006)

Council for the Regulation of Healthcare Professionals, R (on the application of) v Health Professions Council & Anor [2006] EWHC 890 (Admin) (30 March 2006)

The first respondent is responsible for the error necessitating the proceedings and did not concede until 5th September 2005; the claimant's failure to send a letter before action does not justify depriving it of costs; the costs claimed should be reduced by £1,500 for excessiveness in certain areas, but otherwise are reasonable. Costs of the hearing are also awarded to the claimant, to be assessed if not agreed.

Citation
[2006] EWHC 890 (Admin)
Parties
Claimant: Council for the Regulation of Healthcare Professionals; 1st Defendant: Health Professions Council; 2nd Defendant: Simon Harrison
Jurisdiction
England and Wales
Judgment Date
30 March 2006
Procedural Posture
Application for Costs in Statutory Appeal / Post Consent Order, Costs Assessment
Outcome
Costs order in favour of claimant
Legal Topics
Statutory Appeals Under NHS Reform and Health Care Professions Act 2002, Costs Orders in Resolved Proceedings, Pre Action Protocol Obligations, Assessment of Legal Costs
Administrative Law Professional Discipline Costs Statutory Appeals Under NHS Reform and Health Care Professions Act 2002 Costs Orders in Resolved Proceedings Pre Action Protocol Obligations Assessment of Legal Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Council for the Regulation of Healthcare Professionals

Claimant

Health Professions Council

1st Defendant

Simon Harrison

2nd Defendant

Procedural Posture

Application for Costs in Statutory Appeal / Post Consent Order, Costs Assessment

Legal Issues

  1. 1 Whether the first respondent should pay the claimant's costs up to 5th September 2005
  2. 2 Whether failure to send a letter before action affects costs entitlement
  3. 3 Appropriate assessment and quantum of costs

Ratio Decidendi

The first respondent is responsible for the error necessitating the proceedings and did not concede until 5th September 2005; the claimant's failure to send a letter before action does not justify depriving it of costs; the costs claimed should be reduced by £1,500 for excessiveness in certain areas, but otherwise are reasonable. Costs of the hearing are also awarded to the claimant, to be assessed if not agreed.

Court Disposition

Costs order in favour of claimant

Orders

  • First respondent to pay claimant's costs up to 5th September 2005, summarily assessed at £13,703.28
  • First respondent to pay claimant's costs of the hearing, to be assessed on the standard basis if not agreed