Medway Primary Care Trust & Anor v Marcus

Medway Primary Care Trust & Anor v Marcus

The appellants are the successful party as the claimant failed on the main issue and recovered only an insignificant sum. The costs order should reflect this, awarding the appellants 75% of their costs, with reductions for the claimant's minor success and late admissions by the defendants.

Source-derived case information.

Parties
Appellant: Medway Primary Care Trust; Appellant: Dr Ashiq Hussain; Respondent: Sebastian Marcus
Jurisdiction
England and Wales
Judgment Date
29 June 2011
Procedural Posture
Civil Appeal / Appeal From Costs Decision
Outcome
Appeal allowed; order for appellants to recover 75% of their costs substituted.
Legal Topics
Costs, Personal Injury, Clinical Negligence, Causation, Liability
Civil Procedure Medical Negligence Costs Personal Injury Clinical Negligence Causation Liability

Source-derived case record

Summary, issues, holding and outcome

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Parties

Medway Primary Care Trust

Appellant

Dr Ashiq Hussain

Appellant

Sebastian Marcus

Respondent

Procedural Posture

Civil Appeal / Appeal From Costs Decision

Legal Issues

  1. 1 Who is the successful party for costs purposes when the claimant recovers only a small fraction of the claim?
  2. 2 Should costs be awarded to the claimant or defendants in light of the outcome and conduct?
  3. 3 What is the effect of not making a Part 36 offer on costs?

Ratio Decidendi

The appellants are the successful party as the claimant failed on the main issue and recovered only an insignificant sum. The costs order should reflect this, awarding the appellants 75% of their costs, with reductions for the claimant's minor success and late admissions by the defendants.

Court Disposition

Appeal allowed; order for appellants to recover 75% of their costs substituted.

Orders

  • Appellants to recover 75% of their costs from the respondent.
  • Deputy judge's costs order set aside.