Don't Push It!

Article

22 December, 2015

Hobbs v Guy's And St Thomas' NHS Foundation Trust [2015] EWHC B20 (Costs)

Following a provisional assessment where the claimant's costs were reduced by two thirds from £32,329.12 to £9879.34 the claimant sought a post provisional assessment. At the post provisional assessment which lasted five hours, the Judge reduced the bill by a further £1200.

The matter related to a clinical negligence claim, which had settled in the sum of £3500. The Judge upheld that the reasonable costs allowed were disproportionate to the value of the claim, and therefore further reduced the costs.

Forbes comment

This case offers an example of the principle of proportionality "trumping" reasonableness. The Judge commented "although it was reasonable for the Claimant's solicitors to incur these costs it is unfair to expect the Defendant to pay for these items."

For further information on this matter contact Sarah Wilkinson

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