A B & Ors v Leeds Teaching Hospitals NHS Trust

A B & Ors v Leeds Teaching Hospitals NHS Trust

The court has jurisdiction to make a costs cap order in group litigation to ensure costs remain proportionate and reasonable. In this case, the claimants' estimated costs were excessive and exaggerated. A costs cap of £506,500 is fair, reasonable, and proportionate for the period from 10 February 2003 to the end of the trial, based on a four-week trial.

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) / Application for Costs Cap Order Prior to Trial
Outcome
Costs cap order granted
Legal Topics
Costs Capping, Group Litigation, Case Management, Proportionality of Costs
Civil Procedure Costs 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) / Application for Costs Cap Order Prior to Trial

Legal Issues

  1. 1 Whether the court has power to make a costs cap order in group litigation
  2. 2 What is a fair and proportionate costs cap in this case

Ratio Decidendi

The court has jurisdiction to make a costs cap order in group litigation to ensure costs remain proportionate and reasonable. In this case, the claimants' estimated costs were excessive and exaggerated. A costs cap of £506,500 is fair, reasonable, and proportionate for the period from 10 February 2003 to the end of the trial, based on a four-week trial.

Court Disposition

Costs cap order granted

Orders

  • Claimants' costs from 10 February 2003 to the end of trial capped at £506,500, based on a four-week trial.
  • Liberty to apply to vary the order in the event of unforeseen and exceptional circumstances, including a longer trial.