A B & Ors v Leeds Teaching Hospitals NHS Trust [2003] EWHC 1034 (QB) (09 May 2003)

A B & Ors v Leeds Teaching Hospitals NHS Trust [2003] EWHC 1034 (QB) (09 May 2003)

The court has the power to make a costs cap order in group litigation under its general case management powers, and such an order is appropriate in this case to prevent disproportionate and excessive costs. The cap should be set at a level that is fair, reasonable, and proportionate, taking into account the nature of the litigation, the sums at stake, and the work required, but not so low as to prevent proper presentation of the claimants' case.

Citation
[2003] EWHC 1034
Parties
Claimant: A B and OTHERS; Defendant: Leeds Teaching Hospitals NHS Trust
Jurisdiction
England and Wales
Judgment Date
09 May 2003
Procedural Posture
Group Litigation Order (glo) Costs Management / Application for Costs Cap Order Prior to Trial
Outcome
Application granted. Costs cap order made.
Legal Topics
Costs Capping, Group Litigation, Case Management, Proportionality of Costs
Civil Procedure Medical Law Costs Capping Group Litigation Case Management Proportionality of Costs

Case Brief

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Parties

A B and OTHERS

Claimant

Leeds Teaching Hospitals NHS Trust

Defendant

Procedural Posture

Group Litigation Order (glo) Costs Management / Application for Costs Cap Order Prior to Trial

Legal Issues

  1. 1 Does the court have the power to make a costs cap order in group litigation?
  2. 2 What is a fair and proportionate cap for claimants' costs in this group litigation?
  3. 3 What factors should be considered in setting a costs cap?

Ratio Decidendi

The court has the power to make a costs cap order in group litigation under its general case management powers, and such an order is appropriate in this case to prevent disproportionate and excessive costs. The cap should be set at a level that is fair, reasonable, and proportionate, taking into account the nature of the litigation, the sums at stake, and the work required, but not so low as to prevent proper presentation of the claimants' case.

Court Disposition

Application granted. Costs cap order made.

Orders

  • Claimants' costs from 10 February 2003 to end of trial capped at £506,500 (exclusive of VAT).
  • Cap based on a four-week trial; liberty to apply to vary in case of unforeseen and exceptional circumstances, including a longer trial.