Kutsi v North Middlesex University Hospital NHS Trust [2008] EWHC 90119 (Costs)

Posted on Tuesday, December 9th, 2008

This was a matter where the Claimant had failed to give the Defendant notification of an ATE insurance premium of £80,325.

The claim was a medical negligence matter and on 28/11/07, settlement was agreed at £150,000, subject to the Court’s approval, plus the Claimant’s legal costs. The Court approved this sum on 18/12/07.

A breakdown of costs was submitted to the Defendant on 05/02/08. Following negotiations, on 20/06/08, the Claimant informed the Defendant that there was also an insurance premium to recover. The Defendant requested further information regarding the premium on 23/06/08.

The Claimant issued her application for relief from sanctions on 23/07/08 and served a Bill of Costs on the Defendant on 26/09/08.

It was argued by the Claimant that the failure to give information regarding the premium was unintentional and that there had been no intention to mislead.

It was agreed by the Defendant that the error was unintentional but that the application for relief from sanctions was not prompt.

It was held that there was no good explanation for the failure and Master Campbell refused the application and the Claimant was to pay the Defendant’s costs of the application to be assessed and set off.


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