![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] [DONATE] | |||||||||
England and Wales High Court (Queen's Bench Division) Decisions |
||||||||||
PLEASE SUPPORT BAILII & FREE ACCESS TO LAW
To maintain its current level of service, BAILII urgently needs the support of its users.
Since you use the site, please consider making a donation to celebrate BAILII's 25 years of providing free access to law. No contribution is too small. If every visitor this month gives just £5, it will have a significant impact on BAILII's ability to continue providing this vital service.
Thank you for your support! | ||||||||||
You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> RXK v Hampshire Hospitals NHS Foundation Trust [2019] EWHC 2751 (QB) (21 October 2019) URL: https://www.bailii.org/ew/cases/EWHC/QB/2019/2751.html Cite as: [2019] EWHC 2751 (QB) |
[New search] [Printable PDF version] [Help]
QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL |
||
B e f o r e :
____________________
RXK (A child proceeding by her mother and litigation friend GXK) |
Claimant |
|
- and - |
||
Hampshire Hospitals NHS Foundation Trust |
Defendant |
____________________
Richard Booth QC (instructed by DAC Beachcroft LLP) for the Defendant
Hearing date: 3 October 2019
____________________
Crown Copyright ©
MASTER COOK:
The background to this case
"59. The Claimant also seeks an interim payment on account of her costs in the sum of £150,000 pursuant to the Court's discretion in CPR rule 44.2. A schedule of costs is exhibited to this statement as exhibit "AB-13 and totals £410,136.88. Interim payments of £100,000 have previously been received (£50,000 in January 2017 and £50,000 in August 2017), and therefore this payment would mean that the total interim payments on account of costs would be £250,000 (just over 60% of the total costs in the costs schedule). I submit that it is likely there will be significant delay before quantum is resolved in this matter (at least 3-4 years, but possibly much longer in uncertain future), by which time costs are likely to be significantly higher, and therefore I respectfully request that an interim payment on account of costs is made at this stage pursuant to the judge's discretion."
The law
"Court's discretion as to costs
44.2 - (1) The court has discretion as to—
(a) whether costs are payable by one party to another;
(b) the amount of those costs; and
(c) when they are to be paid.
(2) If the court decides to make an order about costs—
(a) the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party; but
(b) the court may make a different order.
(3) …
(4) In deciding what order (if any) to make about costs, the court will have
regard to all the circumstances, including—
(a) the conduct of all the parties;
(b) whether a party has succeeded on part of its case, even if that party has not been wholly successful; and
(c) any admissible offer to settle made by a party which is drawn to the court's attention, and which is not an offer to which costs consequences under Part 36 apply.
(5) The conduct of the parties includes—
(a) conduct before, as well as during, the proceedings and in particular the extent to which the parties followed the Practice Direction—Pre-Action Conduct or any relevant pre- action protocol;
(b) whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue;
(c) the manner in which a party has pursued or defended its case or a particular allegation or issue; and
(d) …
(6) The orders which the court may make under this rule include an order
that a party must pay—
(a) a proportion of another party's costs;
(b) a stated amount in respect of another party's costs;
(c) …
(7) …
(8) Where the court orders a party to pay costs subject to detailed assessment, it will order that party to pay a reasonable sum on account of costs, unless there is good reason not to do so."
"30. In my judgment, rules 44.2(1) and 44.2(2) are wide enough to allow the Court to make an order for costs of the kind sought by the Claimant:
(1) The discretion conferred by rule 44.2(1) relates to the questions whether costs are payable, the amount and when the costs are to be paid.
(2) Rule 44.2(2) sets out the general rule that the unsuccessful party pays the costs of the successful party.
31. Rule 44.6(c) gives the court power to order payment of costs "from or until a certain date only".
i) the type of funding agreement and details of any payments made under that agreement,
ii) whether any Part 36 or other admissible offer has been made, and if so, full details of the offer,
iii) details of any payments on account of damages made to date,
iv) a realistic valuation of the likely damages to be awarded at trial,
v) a realistic estimate of the quantum costs incurred to the date of the application,
vi) any other factor relevant to the final incidence of costs, such as the possibility of an issue-based costs order, arguments over rates or relevant conduct.
vii) the likely date of trial or trial window.