MXX V UNITED LINCOLNSHIRE NHS TRUST [2018] EWHC B23

Costs budgeting and hourly rates: another case of miscertification

This was a decision regarding alleged mis-certification of a costs budget. The case bore similarities to the facts in Tucker v Griffiths and Hampshire University Hospitals NHS Trust, another decision of Master Rowley. Both parties were critical of Master Rowley’s decision in Tucker, the defendant complaining that it was too lenient and the claimant contending that it had been too harsh as a finding of misconduct under CPR 44.11 had not been warranted on the facts.

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.

wasted costs

Applications concerning misconduct or wasted costs: Personal liability of legal representatives for costs – wasted costs orders

sanction

Application concerning delay in commencing detailed assessment proceedings or in requesting a detailed assessment hearing: Sanction for delay in commencing detailed assessment proceedings

Jason-Rowley

Miscertification of a costs budget, success fees, hourly rates and ‘good reason to depart’

Master Rowley tackles a number preliminary points in a arising from a complex clinical negligence claim, including an alleged mis-certification of the claimant’s budget giving rise to an application under CPR 44.11, level of success fee and hourly rates and ‘good reason to depart’.