Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792 – Law Journals

ATE insurance: Recoverable premiums and proportionality

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Nick McDonnell outlines the Court of Appeal’s ruling on the recoverability of block-rated ATE premiums in low-value clinical negligence cases ‘The Court of Appeal, in exploring the law and practice of such a premium’s proportionality, sought also, for the first time, to provide general guidance on the post-April proportionality test on costs.’ The 17 July …

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Costs: Give me one good reason

Paul Jones explores when the court will depart from an approved costs budget ‘The judge held that the fact that the work actually done and claimed for by the claimant in relation to the expert and ADR/settlement phases was substantially less than had been envisaged in the budget was a good reason in itself to …

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Costs: Keep it in proportion

Gwendoline Davies and Claire Acklam make sense of the rules and recent case law on proportionality of costs ‘Even if costs are reasonable this does not mean that they will necessarily be proportionate. The court must identify which of the factors listed in CPR 44.3(5) are relevant to the case and relate them to a …

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Costs Budgets: The gift that keeps on giving

Paul Jones outlines the latest decision which concerns hourly rates ‘To depart from the approved budget, the court must be satisfied that there is a good reason and, in this case, the court found that there was a good reason.’ Of all the reforms implemented by Jackson LJ, costs budgets is the issue that continues …

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Advocate’s Advice: Clinical negligence review

Bill Braithwaite QC analyses the most important cases of the year ‘A report setting out a diagnosis without any recommendation for treatment or any further diagnostic procedure is far from what McNair J had in mind when he directed the jury in Bolam.’ Although I only do clinical negligence claims involving the brain or spine, I …

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Budgets: The cost of everything

Francesca Ruddy analyses a recent case examining the relationship between costs budgeting and costs awarded ‘The court underlined the importance for both parties of having certainty at an early stage in litigation as to the likely costs burden, criticising the defendant’s approach for being concerned solely with the paying party and paying “scant, if any, …

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