Buckinghamshire Council v Jimmy Barrett & Ors (No 2: costs)
[2024] EWHC 254 (KB)
ABC & Ors v Derbyshire County Council & Ors (No. 2: Costs)
6 June 2023
[2023] EWHC 1337 (KB)
High Court
The Claimants lost their case and have to pay the Defendants' legal costs. Most of the costs are covered by the usual rules, but because there were some extra claims, the court only made the Claimants pay a small part of the costs – 5% – and a small interim payment.
Key Facts
- •Claimants' claims against Derbyshire County Council and Derbyshire Constabulary dismissed in previous judgment [2023] EWHC 986 (KB).
- •Claims included Human Rights Act 1998 claims, negligence claims, and false imprisonment claims.
- •Claimants sought various damages, including personal injury damages, aggravated damages, and special damages.
- •Defendants sought permission to enforce costs orders against Claimants under CPR r 44.16(2)(b).
- •Defendants' total costs estimated at £447,742.95 and £317,628.20 respectively.
- •The case was deemed a "mixed claim" under the Qualified One-Way Costs Shifting (QOCS) regime.
Legal Principles
QOCS regime applies to claims for damages for personal injuries.
CPR 44.13(1)(a)
In mixed claims (claims including those outside QOCS), costs enforcement requires court permission under CPR r 44.16(2)(b).
CPR r 44.16(2)(b); Brown v Commissioner of Police of the Metropolis [2020] 1 WLR 1257
Court's discretion in mixed claims should consider whether the proceedings are 'in the round…a personal injury case'. If so, a cost-neutral result is aimed for unless exceptional features exist in the non-personal injury claims.
Brown v Commissioner of Police of the Metropolis [2020] 1 WLR 1257 at [57]; Achille v Lawn Tennis Association Services Ltd [2023] 1 WLR 1371
Aggravated damages cannot be awarded for the tort of negligence.
Kralj v McGrath [1986] 1 All ER 54
Outcomes
Claimants ordered to pay Defendants' costs.
Claimants' claims dismissed; case considered "in the round" a personal injury case, but with exceptional features.
Permission granted to enforce 5% of costs against Claimants.
Balancing QOCS principles with exceptional features (Barratt's evidence) impacting non-personal injury claims.
Claimants ordered to make an interim payment of £5,875 to each Defendant.
Standard practice under CPR 44.2(8), adjusted proportionally to the 5% costs enforcement.
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