Source: All England Reporter
Publisher Citation: [2002] All ER (D) 329 (Mar)
Neutral Citation: [2002] EWCA Civ 365
Court: Court of Appeal, Civil Division
Judge:

Lord Woolf CJ, Laws, Dyson LJJ and Master Hurst

Representation Graham Robinson (instructed by Lester Morrill, Leeds) for the claimant.
  Alexander Hutton and Mark Friston (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 21 March 2002

Catchwords

Costs - Order for costs - Clinical negligence claim - Majority of costs incurred before introduction of new rules of procedure - Defendant claiming that total sum assessed disproportionate - Whether costs order should be interfered with - Guidance on approach to costs orders in clinical negligence claims under new rules of procedure - CPR 44, 51.

The Case

Whilst, in view of the transitional provisions in the CPR relating to costs, the court would not interfere with decision of a costs judge in a clinical negligence claim where most of the costs had been incurred before the coming into effect of the CPR, the court gave guidance on the approach to be taken under the CPR to costs in such claims.

Practice Areas

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