HHJ Dight upholds Master’s proportionality finding

BARTS HEALTH NHS TRUST v HILRIE ROSE SALMON (On appeal, County Court at Central London)

Following his more widely reported decision on CPR 3.18(b) HHJ Dight declined to interfere with the Master’s ruling on proportionality where he reduced the claimant’s assessed costs from £52,000 to £40,000. The paying party appealed on grounds that the Master did not go far enough. She was unsuccessful.

” … the learned judge went through the factors which he was obliged to have regard to, in a structured way, he analysed each of them, and, in paragraph 77, carried out the balancing exercise.  One cannot expect a judge to attribute specific figures or percentages to any of these factors, but, merely to weigh them and come to a balanced conclusion in the way that the learned judge did.”

BARTS HEALTH NHS TRUST v HILRIE ROSE SALMON (On appeal, County Court at Central London)