 |
|
|
 |
| <
back |
Monday 12th January 2004
Smart v East Cheshire NHS Trust
(2003) EWHC 2806 (QB) Gage J 26.11.03
The claimant was a brain damaged infant and it was expected that the defendant would be liable for 52.5% of the claim for £2-3m damages. The defendant sought a costs capping order which was refused. However general guidance was given on costs capping orders:
1. The court had power to make costs capping orders – AB & Ors v Leeds Teaching Hospitals NHS Trust (2003) EWHC 1034 (QB).
2. Where the applicant’s evidence showed that there was a real and substantial risk that without such an order costs would be disproportionately and unreasonably incurred and that risk could not be managed by conventional means. This had to be just and was unlikely to be appropriate for the vast majority of clinical negligence cases (except group litigation).
3. As the claimant’s solicitors were experienced in the field the risk of such unreasonable costs was not substantial.
4. An application had to be supported by evidence showing a prima facie case; the allocation or listing questionnaires should be good guides; any hearing should be comparatively short; the benefit of doubt as to the reasonableness of the prospective costs should be resolved in favour of the party being capped.
|
| |
|
|
| |
| |
| |
Would
you like to receive our quarterly newsletter.
It's available by post or email, and contains all the latest
Kain Knight and industry news.
click
here to register |
|
| |
|
|
|
