Peter Jenkins v Thurrock Council
[2024] EWHC 2248 (KB)
Nicholas Worcester v Dr Philip Hopley
21 August 2024
[2024] EWHC 2181 (KB)
High Court
A court case about who pays legal fees. The person suing had a way-too-high budget, so the judge made them pay some of the other side's fees because their budget was unrealistic and caused extra work.
Key Facts
- •Clinical negligence claim concerning the Defendant's treatment of the Claimant's mental health.
- •Proceedings were issued in April 2023.
- •Defendant denies liability.
- •Costs Management Conference (CMC) held on 15 May 2024, resulting in a 53.35% reduction of Claimant's estimated costs.
- •Hearing on 16 July 2024 to decide on costs order following the CMC.
- •Defendant argued for a specific costs order in their favor, citing the Claimant's initially unrealistic budget.
- •Claimant argued for a standard 'costs in the case' order.
- •Claimant's initial budget was £342,263, reduced to £159,675 at the CMC.
Legal Principles
The court has wide discretion in making costs orders.
CPR 44.2
The court may depart from the default position of 'costs in the case' if justified by the facts.
Reid v Wye Valley NHS Trust, [2023] EWHC 2843; AEI Rediffusion Music Ltd v Phonographic Performance Ltd [1999] 1 WLR 1507
Factors to consider when deciding on costs include the conduct of the parties, whether a party succeeded on part of its case, and any admissible offers to settle.
CPR 44.2(4)
Outcomes
No costs order for the Costs Management Conference on 15 May 2024.
Defendant's budget was agreed beforehand, and the hearing focused on substantially reducing the Claimant's overly ambitious budget. The Claimant's approach is deemed not to warrant costs.
Claimant to pay Defendant's costs for the hearing on 16 July 2024.
Claimant was unsuccessful in arguing for a 'costs in the case' order. The Claimant's initially unrealistic budget necessitated the 16 July hearing.
Claimant's costs management costs reduced by 15%.
Claimant's original and revised budgets showed an overly elaborate approach, resulting in unnecessary additional work and costs for which the Defendant should not be responsible.
Similar Cases
Reid v Wye Valley NHS Trust & Anor
[2023] EWHC 2843 (KB)
Joanna Lemos & Ors v Church Bay Trust Company Limited & Ors
[2023] EWHC 157 (Ch)
Suzanne Merrills v Secretary of State for Levelling Up, Housing and Communities
[2024] EWHC 1788 (Admin)
Rosemary Chapman v Mid and South Essex NHS
[2023] EWHC 1871 (KB)