PXT v (A Child by her Mother and Litigation Friend, AXD)

PXT v (A Child by her Mother and Litigation Friend, AXD)

Given the excessive incurred and estimated costs, lack of confidence in cost estimates, and the likelihood that costs budgeting will save expense and promote proportionality, the court orders costs management by costs budgeting to commence soon, despite the claim's exemption from automatic costs management due to the Claimant's age and claim value.

Parties
Claimant: PXT (A Child by her Mother and Litigation Friend, AXD); Defendant: David Atere-Roberts
Jurisdiction
England and Wales
Judgment Date
14 June 2024
Procedural Posture
Personal Injury / Costs Management Application
Outcome
Application for costs budgeting granted
Legal Topics
Costs Budgeting, Costs Management, Child Litigation, Brain Injury, Proportionality, Case Management
Civil Procedure Personal Injury Costs Budgeting Costs Management Child Litigation Brain Injury Proportionality Case Management

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Parties

PXT (A Child by her Mother and Litigation Friend, AXD)

Claimant

David Atere-Roberts

Defendant

Procedural Posture

Personal Injury / Costs Management Application

Legal Issues

  1. 1 Whether costs budgeting should be ordered in a child personal injury claim exceeding £10 million
  2. 2 Appropriateness of costs management given uncertainties in prognosis and quantum
  3. 3 Impact of incurred and estimated costs exceeding £1 million

Ratio Decidendi

Given the excessive incurred and estimated costs, lack of confidence in cost estimates, and the likelihood that costs budgeting will save expense and promote proportionality, the court orders costs management by costs budgeting to commence soon, despite the claim's exemption from automatic costs management due to the Claimant's age and claim value.

Court Disposition

Application for costs budgeting granted

Orders

  • Costs management by costs budgeting to commence soon
  • Parties to file and exchange costs budgets