Connaughton v Imperial College Healthcare NHS Trust [2010] EWHC 90173 (Costs)

Posted on Friday, July 30th, 2010

The Claimant issued a PAD application on 29/05/09 and the hearing was listed on 14/08/09. The application was compromised on 12/08/09 except for the issue of costs. The Claimant was awarded costs in the sum of £2,206.41 on 23/12/09 and the matter was then transferred to the Senior Courts Costs Office for the determination of issues relating to the nature and extent of the Claimant’s retainer, and entitlement to recover costs from the Defendant in respect of the application for PAD.

It was found that the words “your claim” should include applications for PAD and that the purpose of a CFA was to not only provide recovery for costs but also to inform the client of their rights. Whether proceedings are issued or not, the words “your claim” are not limited to the issue of proceedings but relate to the demand for damages. Therefore it was held that the application was part of the demand for damages and so a natural consequence of the Defendant’s failure to comply with protocol.

http://www.bailii.org/ew/cases/EWHC/Costs/2010/90173.html

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