Brett v Colchester Hospital University NHS Foundation Trust [2014] EWHC B17 (Costs) (07 April 2014)

Brett v Colchester Hospital University NHS Foundation Trust [2014] EWHC B17 (Costs) (07 April 2014)

Service of the notice of change by email was valid despite non-compliance with PD 6A, para. 4.2, as the failure to inquire about email limitations was not a pre-condition for valid service. The default costs certificate was irregularly obtained due to the claimant's failure to recognize the change of address, which was outside the defendant's control. The breach, if any, was trivial and did not warrant setting aside the defendant's opportunity to contest costs.

Citation
[2014] EWHC B17 (Costs)
Parties
Claimant: Claimant (unnamed); Defendant: Defendant (unnamed)
Jurisdiction
England and Wales
Judgment Date
07 April 2014
Procedural Posture
Clinical Negligence / Post Settlement Costs Assessment
Outcome
Application to set aside default costs certificate granted; service by email held valid; directions for detailed assessment to follow.
Legal Topics
Service of Documents by Email, Default Costs Certificate, Practice Direction 6 a Compliance, Relief From Sanctions, Detailed Assessment of Costs
Civil Procedure Clinical Negligence Service of Documents by Email Default Costs Certificate Practice Direction 6 a Compliance Relief From Sanctions Detailed Assessment of Costs

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Parties

Claimant (unnamed)

Claimant

Defendant (unnamed)

Defendant

Procedural Posture

Clinical Negligence / Post Settlement Costs Assessment

Legal Issues

  1. 1 Whether service of notice of change by email was valid without prior inquiry under PD 6A, para. 4.2
  2. 2 Whether the default costs certificate should be set aside as irregular
  3. 3 Applicability of Mitchell guidance to default costs certificates

Ratio Decidendi

Service of the notice of change by email was valid despite non-compliance with PD 6A, para. 4.2, as the failure to inquire about email limitations was not a pre-condition for valid service. The default costs certificate was irregularly obtained due to the claimant's failure to recognize the change of address, which was outside the defendant's control. The breach, if any, was trivial and did not warrant setting aside the defendant's opportunity to contest costs.

Court Disposition

Application to set aside default costs certificate granted; service by email held valid; directions for detailed assessment to follow.

Orders

  • Default costs certificate set aside
  • Directions for detailed assessment to be given