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. In this case, the risk of disproportionate and excessive costs justifies the imposition of a cap. The appropriate cap is determined by a broad assessment of the work required, the sums at stake, and the complexity of the issues, resulting in a cap of £506,500 for the claimants' costs from 10 February 2003 to the end of trial.

Citation
[2003] EWHC 1034 (QB)
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 / Interlocutory Application for Costs Capping Order
Outcome
Application granted. Costs cap order made.
Legal Topics
Costs Capping, Group Litigation, Case Management, Proportionality of Costs, Human Rights in Litigation
Civil Procedure Medical Law Costs Capping Group Litigation Case Management Proportionality of Costs Human Rights in Litigation

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 / Interlocutory Application for Costs Capping Order

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, reasonable, and proportionate cap for claimants' costs in this GLO?
  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. In this case, the risk of disproportionate and excessive costs justifies the imposition of a cap. The appropriate cap is determined by a broad assessment of the work required, the sums at stake, and the complexity of the issues, resulting in a cap of £506,500 for the claimants' costs from 10 February 2003 to the end of trial.

Court Disposition

Application granted. Costs cap order made.

Orders

  • Claimants' costs from 10 February 2003 to end of trial capped at £506,500, allocated as: Solicitors £271,250; Counsel £170,250; Experts £50,000; Other Disbursements £15,000.
  • Order made on basis of a four-week trial; liberty to apply to vary in event of unforeseen and exceptional circumstances, including longer trial duration.