Aderounmu v Colvin (Costs) [2022] EWHC 637 (QB) (22 March 2022)

Aderounmu v Colvin (Costs) [2022] EWHC 637 (QB) (22 March 2022)

Claimant is successful party on preliminary issue; costs increased by manner in which Claimant's experts were instructed; Claimant awarded 70% of costs on standard basis, not indemnity; interim payment on account of costs ordered based on budgeted and incurred costs.

Source-derived case information.

Citation
[2022] EWHC 637
Parties
Claimant: Mr Oluseye Aderounmu; Defendant: Dr Deborah Colvin
Jurisdiction
England and Wales
Judgment Date
22 March 2022
Procedural Posture
Clinical Negligence / Costs Ruling After Preliminary Issue Trial
Outcome
Claimant awarded 70% of costs of preliminary issue on standard basis, to be assessed if not agreed.
Legal Topics
Limitation, Costs, Mental Capacity, Section 33 Limitation Act
Civil Procedure Medical Negligence Limitation Costs Mental Capacity Section 33 Limitation Act

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Oluseye Aderounmu

Claimant

Dr Deborah Colvin

Defendant

Procedural Posture

Clinical Negligence / Costs Ruling After Preliminary Issue Trial

Legal Issues

  1. 1 Whether the Claimant had capacity to litigate at all material times
  2. 2 Whether the limitation period had started to run
  3. 3 Whether it was equitable to allow the action to proceed under section 33 Limitation Act

Ratio Decidendi

Claimant is successful party on preliminary issue; costs increased by manner in which Claimant's experts were instructed; Claimant awarded 70% of costs on standard basis, not indemnity; interim payment on account of costs ordered based on budgeted and incurred costs.

Court Disposition

Claimant awarded 70% of costs of preliminary issue on standard basis, to be assessed if not agreed.

Orders

  • Defendant to pay 70% of Claimant's costs of preliminary issue.
  • Interim payment on account of costs in sum of £70,000 plus VAT.