Siobhan Tiffany Tubb & Anor v Rosmellyn Surgery (Costs)

Siobhan Tiffany Tubb & Anor v Rosmellyn Surgery (Costs)

The Defendant must pay the Claimants’ costs of the claim, except for the costs of the hearing on 2 October 2025, due to the Claimants’ unreasonable conduct regarding redactions. Both parties’ costs relating to that hearing are to be assessed on the standard basis. Indemnity costs are not warranted as the Defendant’s conduct was not out of the norm.

Parties
Claimant: Siobhan Tiffany Tubb; Claimant: Melanie Meta Esdale; Defendant: Rosmellyn Surgery
Jurisdiction
England and Wales
Judgment Date
12 April 2025
Procedural Posture
Civil / Costs Judgment Following Substantive Judgment
Outcome
Claimants awarded costs except for 2 October 2025 hearing; Defendant awarded costs of that hearing; all costs to be assessed on the standard basis.
Legal Topics
Access to Health Records, Costs Orders, Confidentiality, Probate Disputes
Civil Procedure Medical Law Probate Access to Health Records Costs Orders Confidentiality Probate Disputes

Case Brief

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Parties

Siobhan Tiffany Tubb

Claimant

Melanie Meta Esdale

Claimant

Rosmellyn Surgery

Defendant

Procedural Posture

Civil / Costs Judgment Following Substantive Judgment

Legal Issues

  1. 1 Whether the Defendant should pay the Claimants’ costs of the claim under CPR 44.2
  2. 2 Whether the Defendant’s conduct justified indemnity costs
  3. 3 Whether the Claimants’ conduct at the 2 October 2025 hearing should affect the costs order

Ratio Decidendi

The Defendant must pay the Claimants’ costs of the claim, except for the costs of the hearing on 2 October 2025, due to the Claimants’ unreasonable conduct regarding redactions. Both parties’ costs relating to that hearing are to be assessed on the standard basis. Indemnity costs are not warranted as the Defendant’s conduct was not out of the norm.

Court Disposition

Claimants awarded costs except for 2 October 2025 hearing; Defendant awarded costs of that hearing; all costs to be assessed on the standard basis.

Orders

  • The Defendant shall pay the Claimants’ costs of the claim, except for the costs of the hearing on 2 October 2025.
  • The Claimants shall pay the Defendant’s costs thrown away in relation to the hearing on 2 October 2025, to be assessed if not agreed.