0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Higgs v Camden and Islington HA, Queens Bench Division, 16 January 2003

29 January 2003
The issues

Costs – complex claim.

The facts

The Claimant pursued a clinical negligence claim against the Defendant, in which over 3.5 million was recovered. The issue came before Costs Judge Roger on Detailed Assessment of Claimant’s costs. The Costs Judge held that the hourly rate of £300.00 per hour for the Claimant’s Solicitor was reasonable; that there had been properly supervised delegation from a Senior Partner to an Assistant Solicitor; and that it was reasonable for the Partner in charge of the case, apart from that delegation to have done the majority of the work. The paying party argued that the hourly rate for the Solicitor was excessive; that the rate was excessive in comparison with comparable cases; and that the hourly rate should have reflected the fact that there was supervisory work involved.

The decision

1. The claim was a complex and valuable claim and it was reasonable for the Senior Partner to have done most of the work. Where that work had been done, it had been done more effectively and quickly than if it had been delegated.

2. Although the rates were high they were within the discretion of the Costs Judge.

focus on...

Legal updates

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).

View

Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.

View

Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.

View

Legal updates

The disappearance of LIBOR

Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up