XDE V NORTH MIDDLESEX UNIVERSITY HOSPITAL NHS TRUST

Court Of Appeal Upholds Decision To Disallow £1m Additional Liabilities Following Funding Switch

The Court of Appeal has upheld the decision of both Master Rowley (costs judge) and Jay J on appeal to disallow additional liabilities in the form of success fees (for both solicitors and counsel) and ATE premium claimed in the sum of £1,078,972.72.

West and Demouilpied: ATE Premiums, Reasonableness And Proportionality

The long awaited and much anticipated judgment in these appeals has been handed down.
The appeals raised a number of specific issues arising out of the respondent’s successful challenge on an assessment of the claimant’s costs to the amount of the ATE insurance premium recoverable by the appellants.
They also raised a number of wider points relating to reasonableness and proportionality and the proper approach to the assessment of costs.

XDE v North Middlesex University Hospital Trust [2019] EWHC 1482 (QB)

Switch to Pre LASPO CFA following discharge of funding certificate deemed unreasonable

Applying the principles laid down in Surrey v Barnet And Chase Farm Hospitals NHS Trust [2018] EWCA Civ 451 Mr Justice Jay dismissed this appeal against a Costs Judge’s disallowance of additional liabilities including a success fee of over £300,000 following a switch from legal aid funding to CFA in 2012.

15%

100% success fee model in low value personal injury claims shut down by Court of Appeal

The Court of Appeal has upheld the decisions of District Judge Bellamy (first instance) and Soole J (on appeal) that a 100% success fee in a low value personal injury claim which was fixed without any reference to the actual risk involved amounted to a cost of “an unusual nature or amount” under CPR 46.9(3)(c).

misconduct

CPR 44.11: Misconduct in detailed assessment proceedings

There have been number of cases recently dealing with alleged misconduct in the course of proceedings and applications under CPR 44.11. In this latest decision, an appeal from the Senior Courts Costs Officer, the High Court upheld the decision of Deputy Master Campbell (formerly Master Campbell) that notwithstanding a number of mis-certifications in the Bill of Costs these were all explainable errors none of which amounted to unreasonable or improper conduct under CPR 44.11.