Marbrow v Sharpes Garden Services Ltd

The Cap On Recoverable Costs Of Costs Budgeting And Other Interesting Points

Master Gordon-Saker determined three issues which arose in the course of a detailed assessment, namely:

i) whether the caps on recoverable costs of budgeting provided by sub-paragraphs 7.2(a) and (b) of Practice Direction 3E of the Civil Procedure Rules 1998 include or exclude value added tax;

ii) whether the Claimant was entitled to recover the sum of £2484.48 in respect of interest paid under a disbursement funding loan; and

iii) whether the Claimant’s entitlement to interest should run from 3 months after the date of the order for costs.

Nosworthy v Royal Bournemouth & Christchurch Hospitals NHS Foundation Trust

Pre Judgment Interest On Costs Under CPR 44.2(6)(g) | A General Rule?

Master Brown (costs judge) declined to award pre judgment interest on the cost of a loan which the Claimant had taken out to fund the expense of an expert medical report in this clinical negligence case.

The Master rejected the notion that the Court in Jeffrey Jones and others v Secretary of State for Energy and Climate Change and others [2014] EWCA Civ 363 had intended to set a general rule that an award of interest on costs should be made in respect of the period before judgment and respectfully agreed with Dingemans J in Schumann and Anor v Veale Wasbrough [2013] EWHC 4070 QB that not only was such an award not the general rule in ordinary litigation and but that it was undesirable that there should be such a general rule.